Wivchar v. Riverhead Estates, Inc. ( 1947 )

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.