Marine Midland Bank, N. A. v. Murray Walter, Inc.

Order unanimously modified, on the law, and, as modified, *692affirmed, with costs to defendant, in accordance with the following memorandum: Defendant appeals from an order granting partial summary judgment dismissing its affirmative defenses and counterclaims in which it seeks to offset against the claim of plaintiff as assignee, a judgment obtained by a third party against defendant covering some $58,282.80 of plaintiff’s asserted claim of $63,517. The subject matter of the offset claim is identical to a debt owed by plaintiff’s assignor to the third party. $ The rights of an assignee are…