LIPSKY v. AJAX ELEC. MOTOR CORP.


225 A.D.2d 1055 (1996)

639 N.Y.S.2d 618

Bruce Lipsky et al., Respondents, v. Ajax Electric Motor Corp., Appellant

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

March 8, 1996


Order unanimously reversed on the law with costs and complaint dismissed.

Memorandum:

Plaintiffs commenced this action by moving for summary judgment in lieu of a complaint (see, CPLR 3213), alleging that defendant failed to make interest payments on promissory notes. The notes, dated January 1, 1992, entitled plaintiffs to 10% annual interest and were subject to subordination agreements with Chase Lincoln First Bank (Chase). The subordination agreements...

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