Order entered February 10, 1967, denying defendant's motion for summary judgment unanimously reversed, on the law, with $50 costs and disbursements to appellant, and motion granted. Plaintiffs sue to recover damages for defendant's failure to honor the exercise of warrants for the purchase of stock. It is undisputed that the attempt to exercise the warrants was made long after the time that the warrants had by their terms expired. Plaintiffs' claim that the terms of the warrants were not sufficiently called to their attention has no factual basis and raises no issue. The analogy, sought to be invoked, to sales notes and similar commercial instruments, has no application.
Concur — Botein, P.J., Stevens, Steuer and Capozzoli and Rabin, JJ.