Ordered that the order is reversed, on the law, with costs, the plaintiff's motion, inter alia, for summary judgment on the complaint and an order of reference is granted, and that branch of the cross motion of the defendants Swinton Smith and Sherley Joseph which was to dismiss the complaint insofar as asserted against them as time-barred is denied.
On or about January 18, 2007, the defendant Swinton Smith executed a note in the sum of $430,200 in connection with...
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