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Per Curiam. The facts stated in defendant’s affidavit raise triable issue's. She is entitled to. an opportunity upon the trial to present her proof that the alleged note had no valid legal inception.
The judgment should be reversed, with $10 costs to appellant to abide the event, and motion denied.
Eder., Hecht and Tilzer, JJ., concur. •
Judgment reversed, etc.
Document Info
Citation Numbers: 5 Misc. 2d 711
Filed Date: 10/25/1956
Precedential Status: Precedential
Modified Date: 2/5/2022