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STRANSKY v. DiPALMA

258 CA 15-01309.

137 A.D.3d 1734 (2016)

28 N.Y.S.3d 548

2016 NY Slip Op 02254

BETT A. STRANSKY, Respondent, v. JEFFREY DiPALMA et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 25, 2016.

It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by denying plaintiff's motion, and as modified the order and judgment is affirmed without costs.

Memorandum: Plaintiff commenced this action by way of a motion for summary judgment in lieu of complaint seeking judgment on an unpaid promissory note executed by defendants in the amount of $35,000. Defendants cross-moved for

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