Ordered that the order is modified, on the law, by deleting the provision thereof granting the cross motion of the defendant Santiago Tiburcio for summary judgment dismissing the complaint insofar as asserted against him, and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements.
In April 2007, the defendant Santiago Tiburcio (hereinafter the defendant) borrowed the sum of $382,500. The loan...
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