Ordered that the orders are reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Lori Penso and Michael Penso, to strike those defendants' answer, and for an order of reference are denied.
In a note dated October 23, 2001, the defendants Lori Penso and Michael Penso (hereinafter together the defendants) borrowed $382,500 from...
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