Chemical Bank New York Trust Co. v. Blane's Inc.

Plaintiff moves to dismiss three separate offsets and counterclaims labeled as separate affirmative defenses and counterclaims in defendants’ answer.

On or about June 13, 1961 defendants purchased an air-conditioning system from American Air Conditioning, and executed a conditional sales contract for its purchase. In conjunction therewith defendants executed a note as evidence of the total indebtedness. Both instruments provided for monthly payments and at the time of the execution of the instruments defendants were aware that the sales contract and note were to be assigned to plaintiff.…