STERLING NATIONAL BANK v. GOLDBERG


277 A.D.2d 45 (2000)

715 N.Y.S.2d 409

STERLING NATIONAL BANK, Respondent, v. STEVEN GOLDBERG et al., Appellants, et al., Defendants.

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

Decided November 9, 2000.


Three companies solely owned by defendant Goldberg and his wife entered into identical financing agreements with plaintiff Sterling National Bank (Sterling), involving revolving credit of up to 80% of eligible accounts receivable and secured by receivables of the debtor companies. In July 1998, a dispute arose as to whether debtors were submitting receivables for work not yet performed, in violation of the agreements, to leverage excess financing. As a result of negotiations...

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