Torelli v. Esposito

*904OPINION OF THE COURT

Memorandum.

The judgment appealed from and order brought up for review should be reversed, with costs, and the plaintiff’s motion for summary judgment denied.

The parties executed a promissory note and stock purchase agreement under which plaintiff’s decedent sold defendants certain shares of stock in return for a $365,000 interest-bearing promissory note. On defendant’s default, plaintiff moved for summary judgment to enforce the written contract. Special Term denied the motion because questions of fact existed as to the failure of consideration. The Appellate Division…