COMTEC TRADING CORP. v. MUT. MKTG. ASSOCS. OF NEW YORK, INC.


56 A.D.2d 803 (1977)

Comtec Trading Corp., Respondent, v. Mutual Marketing Associates of New York, Inc., Appellant

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

March 24, 1977


Plaintiff-respondent shall recover of defendant-appellant $60 costs and disbursements of this appeal.

Kupferman, J. P., and Silverman, J., dissent in the following memorandum by Silverman, J.:

Defendant appeals from an order granting plaintiff summary judgment under CPLR 3213 on an instrument for the payment of money only. Although defendant claimed to have offsets and, indeed, partial defenses, Special Term held that such "claimed offsets do not affect obligations...

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