Barillari v. Halpern

— Order insofar as appealed from unanimously reversed on the law with costs, motions granted and cross motion denied. Memorandum: In this action by plaintiffs to enforce a promissory note against defendant, plaintiffs appeal from those parts of an order that denied their motion for summary judgment, failed to address their request to increase their demand for damages, and granted defendant’s cross motion to consolidate the proceeding with two related actions.

Plaintiffs are entitled to summary judgment on the note. The defenses of failure of consideration and fraud are not meritorious;…