Legal Opinion
Silverberg v. Mirenberg
Civil Court of the City of New York
Decided November 30, 2001Published
1Opinion of the Court
OPINION OF THE COURT
Lucy Billings, J.
A debtor owes a creditor and asks another party to write a *564check to pay the debt, in exchange for the debtor’s promise to pay the other party. The check is returned for insufficient funds. As an alternative to recovering from the debtor, the creditor seeks to recover from the other party, who owed the creditor nothing. This undoubtedly common triangle of obligations somehow has escaped direct treatment in New York negotiable instruments law.
I. Background
In this case, plaintiff gave defendant Mirenberg money to purchase tickets to sports events for…
2Cases cited24 opinions
- First International Bank of Israel, Ltd. v. L. Blankstein & Son, Inc.New York Court of Appeals · 1983
- Hartford Accident & Indemnity Co. v. American Express Co.New York Court of Appeals · 1989
- Marine Midland Bank-New York v. Graybar Electric Co.New York Court of Appeals · 1977
- Friends Lumber, Inc. v. Cornell Development Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Getty Petroleum Corp. v. American Express Travel Related Services Co.New York Court of Appeals · 1997
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