Opinion
February 20, 1979
In an action on promissory notes, defendants appeal from an order of the Supreme Court, Westchester County, entered June 21, 1978, which granted the plaintiff's motion for summary judgment. Order reversed, with $50 costs and disbursements, and motion denied. The affidavit in opposition to the plaintiff's motion for summary judgment raises a triable issue of fact and it was therefore improper to grant the motion. Titone, J.P., Suozzi, O'Connor and Lazer, JJ., concur.