Opinion
November 14, 1961
Order entered on May 29, 1961 denying plaintiffs' motion for summary judgment on the first and twelfth causes of action unanimously reversed on the law, with $20 costs and disbursements to the appellants, and motion for summary judgment granted. The notes in question were given pursuant to an agreement identical in form with that before this court in Flynn v. Dick ( 13 A.D.2d 756). All of the questions raised were considered on that appeal and resolved contrary to the contentions of the defendants. As the transactions are identical, stare decisis compels the same result. Settle order on notice.
Concur — Breitel, J.P., McNally, Stevens, Eager and Steuer, JJ.