Appellants' claim that they will be liable for certain of respondents' tax obligations if the latter are not enjoined from declaring the notes in default does not appear to have merit, and, even if it did, appellants' remedy would be for money damages. Appellants' claim of failure of consideration was properly disregarded in evaluating the merits of their request for injunctive relief since it was first raised only in their reply papers on the motion (Dannasch v Bifulco...
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