Ian Woodner Family Collection, Inc. v. Abaris Books, Ltd.

—Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered November 3, 1999, in favor of plaintiff on a promissory note in the amount of $177,750.05 plus interest and costs, unanimously reversed, on the law, without costs, the judgment vacated and the matter remanded for further proceedings. Appeal from order, same court and Justice, entered October 27, 1999, granting plaintiff’s CPLR 3213 motion for summary judgment in lieu of complaint on the aforementioned promissory note and deeming defendants’ affidavit in opposition to present counterclaims which were severed from the…