Ordered that the order is affirmed, with costs.
The plaintiff, Frank Giordano, is the assignee of part of a series of 48 promissory notes which constituted the purchase price of a business sold by Topal Discounts Stores, Inc. (hereinafter Topal) to the defendant Rajendra Patel, the maker of the notes. The purchase agreement provided that Patel was entitled to deduct from the amount payable on the promissory notes any amount that he paid to satisfy debts incurred by...
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