Ordered that the order is 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, to strike the defendant's answer, and to appoint a referee to ascertain and compute the amount due and owing to the plaintiff are denied.
In April 2006, the defendant executed a note in the sum of $386,000 in favor of nonparty Fremont Investment & Loan (hereinafter Fremont). The note...
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