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TIBBALL v. CATALANOTTO

269 A.D.2d 386 (2000)

702 N.Y.S.2d 869

RICHARD TIBBALL, Appellant, v. JOSEPH CATALANOTTO, Doing Business as PARKWAY SNACKS, Respondent.

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

Decided February 7, 2000.

Ordered that the order is affirmed, with costs.

The parties entered into an agreement in May 1998 in which the defendant agreed to purchase a snack food route from the plaintiff. Part of the purchase price was secured by a promissory note. In response to the plaintiff's motion for summary judgment in lieu of complaint on the promissory note, the defendant alleged, inter alia, a failure of consideration with respect...

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