NAB ASSET VENTURE III v. STANLEY SIMON DIAMONDS, INC.


236 A.D.2d 291 (1997)

653 N.Y.S.2d 350

NAB Asset Venture III L. P., as Successor to The Federal Deposit Insurance Corporation as Receiver for First New York Bank for Business, Respondent, v. Stanley Simon Diamonds, Inc., et al., Appellants

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

February 20, 1997


Defendants' opposition failed to establish the existence of any issues of fact with respect to their defense that their obligations under the promissory note were discharged pursuant to UCC 3-407 by virtue of a material alteration thereof, namely plaintiff's unilateral insertion of an interest rate stated to be 1½% over prime and of a prime rate stated to be 7% on the date of execution. The three other promissory notes issued by defendants to plaintiff's predecessor...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases