Legal Opinion

Banque Indosuez v. Trifinery

District Court, S.D. New York

Decided March 24, 1993No. 92 Civ. 1744 (CSH)PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This case is before the Court on plaintiffs motion for partial summary judgment pursuant to Fed.R.Civ.P. 56. For the reasons discussed below, plaintiffs motion is granted.

BACKGROUND

This case arises out of a promissory note executed by defendant Trifinery and guaranteed by defendant Brass. Defendants do not dispute that they are liable under the note1, but contend that summary judgment is inappropriate in that they have a viable claim for set-off, which they have brought as a counterclaim in this action.

Since there is no dispute as to…

2Cases cited7 opinions

  1. Margurita McCaffrey v. Rex Motor Transportation, Inc.Court of Appeals for the First Circuit · 1982
  2. Federal Deposit Insurance v. Frank L. Marino Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  3. Atlantic Coast Line R. v. United States Fidelity & Guaranty Co.District Court, M.D. Georgia · 1943
  4. In Re Gas Reclamation, Inc. Securities LitigationDistrict Court, S.D. New York · 1990
  5. Bank of New York v. CarielloAppellate Division of the Supreme Court of the State of New York · 1979

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3Cited by3 opinions

  1. Investors Sav. v. Waldo JerseyNew Jersey Superior Court Appellate Division · 2011
  2. AT ML Leasehold HI, LLC v. RCSH Operations, Inc.District Court, D. Hawaii · 2021
  3. AT ML Leasehold HI, LLC v. RCSH Operations, Inc.District Court, D. Hawaii · 2021

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