BANK LEUMI TRUST COMPANY OF NEW YORK v. MODELL


258 A.D.2d 304 (1999)

683 N.Y.S.2d 842

BANK LEUMI TRUST COMPANY OF NEW YORK, Respondent, v. FREDERICK MODELL, Individually and Doing Business as FREDERICK MODELL COMPANY, Appellant. FREDERICK MODELL, Appellant, v. BANK LEUMI TRUST COMPANY OF NEW YORK, Respondent.

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

Decided February 9, 1999.


The trial court correctly held that the promissory notes in issue, including their waivers of jury trial, were not rendered ineffective by the security agreement or any other prior agreements reached by the parties as part of the "workout" of defendant's indebtedness, and that all of defendant's defenses and counterclaims...

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