Ordered that the order is modified by deleting the provision thereof granting that branch of the plaintiffs' motion which was for summary judgment on the issue of liability on their fourth and fifth causes of action to recover on the two promissory notes in the sums of $137,500, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs payable to the defendants.
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