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RUDES v. MAGNA STABLES CO.

227 A.D.2d 236 (1996)

642 N.Y.S.2d 296

Gloria Rudes, Appellant, v. Magna Stables Company et al., Respondents

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

May 16, 1996

We agree with the IAS Court that the instant mortgage note is non-negotiable (see, UCC 3-104 [1] [b]; Matter of P & K Marble v La Piglia, 147 A.D.2d 804, 804-805). Therefore, plaintiff, as assignee of the note, took it subject to every defense maintainable against the assignor, defendants' attorney (American Exch. Natl. Bank v Woodlawn Cemetery, 194 N.Y. 116, 121). We also agree with the IAS Court that the record...

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