Schwartzman v. Kimler

Action brought by plaintiff to recover the sum of $2,203.84 predicated upon the breach of a written agreement by defendant to indemnify plaintiff upon the latter’s payment of certain corporate indebtednesses.

Defendant in his answer interposes, inter alia, the following four defenses:

1. Alleged agreement void for fraud;

2. Alleged agreement void for misrepresentation;

3. Alleged agreement void for lack of consideration; and

4. Action not maintainable pursuant to the provisions of section 270 to 278 of the Tax Law of the State of New York.

It appears that by written assignment dated on or about…