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KAHAN v. SULAYMANOV

229 A.D.2d 1027 (1996)

645 N.Y.S.2d 358

Leslie Kahan, Appellant, v. Ilya Sulaymanov et al., Defendants, and Vyachslav Sulaymanov et al., Respondents

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

July 12, 1996

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied plaintiff's motion for summary judgment against defendant Vyachslav Sulaymanov. Sulaymanov presented evidence that plaintiff took the note with actual knowledge of a defense to the note, raising a triable issue whether plaintiff is a holder in due course (see, Fazio v Loweth, 112 A.D.2d 135, 137; UCC 3-302 [1] [c]). Even if plaintiff...

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