Wivchar v. Riverhead Estates, Inc.

In an action by the payee to recover from the maker of five promissory notes it is asserted by way of defense and counterclaim that there was a failure of consideration because of a breach of the agreement for which the notes were given. Order denying plaintiff’s motion for summary judgment affirmed, with $10 costs and disbursements. No opinion. Hagarty, Acting P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.