In an action to recover the balance due on a promissory note executed and delivered by defendant in part payment for a trailer, plaintiff's motion for summary judgment was denied. Order reversed on the law and the facts, with $10 costs and disbursements, and the motion for summary judgment granted, with $10 costs. No affidavits by affiants having personal knowledge were interposed by defendant. The affidavit of the attorney, having no personal knowledge and reciting hearsay, is of no effect. ( Favole v. Gallo, 263 App. Div. 729, affd. 289 N.Y. 696. ) Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.