GUSMANO v. FOUR SEASONS MESSENGER SERV., INC.


209 A.D.2d 379 (1994)

618 N.Y.S.2d 730

Richard Gusmano, Appellant, v. Four Seasons Messenger Service, Inc., et al., Respondents

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

November 7, 1994


Ordered that the order is affirmed, without costs or disbursements.

In a promissory note dated June 25, 1992, the Four Seasons Messenger Service, Inc. (hereinafter Four Seasons), obligated itself to pay the plaintiff $80,000 in 36 equal payments of $2,525.40. The note contained a provision stating that it was to be paid "without claim of setoff, defense counterclaim or deduction of any kind", except those setoffs contained in sections 3 and 10 of an employment agreement...

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