SMITH v. MEADOW MECH. CORP.


203 A.D.2d 356 (1994)

610 N.Y.S.2d 76

Richard A. Smith et al., Appellants, v. Meadow Mechanical Corp., Respondent

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

April 11, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

The subject promissory note made by the corporate defendant is not a negotiable instrument and therefore, the plaintiffs are not holders in due course (see, UCC 3-102 [1] [e]; 3-302; 80 NY Jur 2d, Negotiable Instruments and Other Commercial Paper, § 9). Under the facts presented here, we agree with the conclusion of the Supreme Court that the plaintiffs failed to establish their entitlement...

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