KELLMAN v. BIERMAN


45 A.D.2d 1018 (1974)

Randolph Kellman, Appellant, v. Samuel Bierman, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 29, 1974


Order reversed, on the law, with $20 costs and disbursements, and motion granted.

The setoff claims advanced by the defendant-guarantor arose independently of the "buy-out agreement" entered into by the plaintiff and the obligors and do not constitute a partial failure of the consideration for that agreement. Hence, these claims, whatever their merit, are not available to the defendant in this action (Elliott v. Brady, 192 N.Y. 221; Walcutt v. Clevite Corp...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases