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WEINSTOCK v. HANDLER

244 A.D.2d 273 (1997)

664 N.Y.S.2d 298

Israel Weinstock et al., Appellants, v. Emmerich Handler et al., Respondents

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

November 25, 1997

There is ample evidence that plaintiffs knew that the Walker defendants had previously assigned their interest in the partnership and that the note given in exchange therefor was in default. In absence of an existing contractual or fiduciary relationship, Walker was under no duty to inform plaintiffs of any purported defenses to the note (see, 900 Unlimited v MCI Telecommunications Corp., 215 A.D.2d...

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