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DH CATTLE HOLDINGS v. BARRESE

191 A.D.2d 99 (1993)

DH Cattle Holdings Company, Appellant, v. Anthony Barrese, Respondent

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

June 24, 1993

Attorney(s) appearing for the Case

Ferber, Greilsheimer, Chan & Essner, New York City (Robert N. Chan of counsel), for appellant.

Glenn H. Ripa, New York City, for respondent.

MIKOLL, J. P., YESAWICH JR. and HARVEY, JJ., concur with MERCURE, J.; CREW III, J., concurs in part and dissents in part in a separate opinion.

MERCURE, J.

In connection with his April 28, 1983 purchase of an interest in dairy cattle from Dreamstreet Holsteins, Inc., defendant executed a number of instruments, including a promissory note and security agreement. Dreamstreet subsequently pledged the note as security for a loan from Cooperative Centrale Raiffeisen-Boerenleenbank, B.A. (hereinafter Rabobank)...

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