The motion court incorrectly determined that defendant's affirmative defenses were barred by res judicata and waiver. The order of the Bankruptcy Court, under which the contract between plaintiff's bankrupt assignor and defendant, a health care provider, was assigned to plaintiff, specifically stated that the transfer was subject to the "Transaction Agreements" attached to the order. Thereunder, plaintiff agreed to assume "all liability for claims by any non-Debtor party...
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