KAUFMAN v. SBARRO OF SUNRISE MALL, INC.


47 A.D.2d 734 (1975)

Gisele Kaufman, as Assignee for the Benefit of Creditors of Ambionic Enterprises, Inc., Respondent, v. Sbarro of Sunrise Mall, Inc., et al., Appellants

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

March 18, 1975


This is an action brought by the assignee for the benefit of creditors of Ambionic Enterprises, Inc., against defendants to recover $66,000 pursuant to 36 promissory notes dated September 17, 1973 payable to the order of the assignor. Defendants assert as an affirmative defense and counterclaim that the notes were based upon a contract between the assignor and the defendants which the former breached causing defendants to suffer $418,000 in damages. Plaintiff

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