STATEN ISLAND NAT'L BANK & TRUST CO. v. BUCCELLO


2 Misc.2d 1020 (1955)

Staten Island National Bank & Trust Comany, Appellant, v. Armand Buccello, Respondent.

Supreme Court, Appellate Term, First Department.

June 30, 1955.


Attorney(s) appearing for the Case

Edgar Hills and George M. Gunderson for appellant.

Joseph A. Fontanelli, Jr., and Rocco J. Amato for respondent.

HOFSTADTER, SCHREIBER and HECHT, JJ., concur.


Per Curiam.

Defendant's attorney obviously could not have personal knowledge of a negative, viz., that defendant had never received the T.V. set. His affidavit was therefore hearsay. Since no affidavit by defendant himself was submitted, no defense to the action was established, even prima facie. Furthermore, failure of consideration is not one of the defenses listed in section 94 of the Negotiable Instruments Law which shifts the burden to plaintiff, under...

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