Ratner v. Bernabo

This is an appeal by the defendant from an adverse final judgment entered after a non-jury trial in an action to collect on a promissory note. We affirm in part and reverse in part.

The defendant Michael Ratner did not contest below his liability to the plaintiff Valerio Bernabo on the promissory note, but claimed, by way of affirmative defense, a set-off based on an undisputed debt owed by the plaintiff to the defendant, which debt exceeded the amount due on the promissory note. The defendant also filed a counterclaim against the plaintiff to collect on the aforesaid debt as it was greater…