Legal Opinion

Westbury Small Business Corp. v. Ballarine

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1986PublishedCited by 7 opinions

1Opinion of the Court

— In an action to recover the balance due on a promissory note, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Spatt, J.), entered September 6, 1985, which, inter alia, dismissed the action, after a nonjury trial.

Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff’s numerous contentions on this appeal, we find that the evidence in the record supports the trial court’s determination that the defendant’s defense of fraud acts as a complete bar to recovery on the promissory note (see, Westbury Small Business Corp. v Giglio, 122 AD2d 49; Tahini…

2Cases cited2 opinions

  1. Tahini Investments, Ltd. v. BobrowskyAppellate Division of the Supreme Court of the State of New York · 1984
  2. Westbury Small Business Corp. v. GiglioAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by7 opinions

  1. Camofi Master LDC v. College Partnership, Inc.District Court, S.D. New York · 2006
  2. International Minerals & Chemical Corp. v. Avon Products, Inc.Supreme Court of Missouri · 1991
  3. Joint Venture Asset Acquisition v. ZellnerDistrict Court, S.D. New York · 1992
  4. The Sample Inc. v. Pendleton Woolen Mills, Inc.District Court, S.D. New York · 1989
  5. Thomson McKinnon Securities Inc. v. Harris (In Re Thomson McKinnon Securities Inc.)District Court, S.D. New York · 1992

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