D'Aureli v. Bono

—In an action to recover on two promissory notes, the defendants appeal from a judgment of the Supreme Court, Kings County (Held, J.), dated April 10, 2000, which, after a nonjury trial, is in favor of the plaintiff and against them in the principal sum of $46,771.95.

Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.

At the commencement of a nonjury trial at which the plaintiff sought to establish that he was a holder in due course of two promissory notes which the defendants had failed to pay, the trial court permitted the plaintiff…