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GALLET DREYER & BERKEY v. DEMOGRAPHIC SYS., INC.

183 A.D.2d 444 (1992)

Gallet Dreyer & Berkey, Appellant-Respondent, v. Demographic Systems, Inc., Respondent-Appellant

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

May 7, 1992

Summary judgment was properly denied, defendant having demonstrated the existence of meritorious counterclaims that are inseparable from plaintiff's cause of action on the promissory note (see, Harris v Miller, 136 A.D.2d 603). We also agree with the IAS court that there is no merit to defendant's claim that the note is unenforceable because executed under circumstances evincing a breach of fiduciary duties owing from plaintiff...

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