Legal Opinion
Weiss v. Salamone
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 1986PublishedCited by 10 opinions
1Opinion of the Court
— Order unanimously affirmed, with costs. Memorandum: In this action on a promissory note, plaintiff contends that Special Term erred in denying his motions for partial summary judgment and for dismissal of various defenses and counterclaims. We disagree. Defendant’s fourth, fifth and sixth defenses and counterclaims are properly asserted in defense to plaintiff’s action and preclude granting plaintiff summary judgment. Plaintiff, as a mere holder of the note, took the instrument subject to all defenses that would be available in an action on a simple contract, including the defense of…
2Cases cited4 opinions
- General Rubber Co. v. . BenedictNew York Court of Appeals · 1915
- Chalmers v. Eaton Corp.Appellate Division of the Supreme Court of the State of New York · 1979
- Cooper v. . PayneNew York Court of Appeals · 1906
- Security Title & Guaranty Co. v. WolfeAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by10 opinions
- Lawrence Insurance Group, Inc. v. KPMG Peat Marwick L.L.P.Appellate Division of the Supreme Court of the State of New York · 2004
- Merschrod v. Cornell UniversityAppellate Division of the Supreme Court of the State of New York · 1988
- In re the Estate of SchulmanAppellate Division of the Supreme Court of the State of New York · 1991
- Joint Venture Asset Acquisition v. ZellnerDistrict Court, S.D. New York · 1992
- Allapattah Services, Inc. v. Exxon Corp.District Court, S.D. Florida · 1999
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