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...
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