State Bank v. Duesler

— Appeal (1) from an order of the Supreme Court at Special Term, entered November 19, 1970 in Albany County, which granted a motion by plaintiff to strike an answer and counterclaim and for summary judgment, and (2) from the judgment entered thereon. The plaintiff sued to collect the balance due on a promissory note of which the defendant was the maker and the record does not establish any defense to the action. The defendant counterclaimed alleging that, in regard to another note upon which defendant was a comaker, the plaintiff, upon default, had demanded payment from the defendant without…