Merchants Bank & Trust Co. v. Brickote, Inc.

— 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.