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BNY FINANCIAL CORPORATION v. N.G.N., INC.

280 A.D.2d 280 (2001)

719 N.Y.S.2d 658

BNY FINANCIAL CORPORATION, Respondent, v. N.G.N., INC., et al., Defendants, and NEAL JACOBS, Appellant.

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

Decided February 6, 2001.

In view of the failure of defendant-appellant and his co-defendants to particularize their claims that plaintiff BNY Financial Corporation, the corporate defendants' factor, had, subsequent to the dissolution of the corporate defendants, been involved in the sale of their assets, and that the sale had been wasteful, the court properly denied defendants' motion for leave to assert a counterclaim for waste (see, Mestel & Co. v Smythe, Masterson & Judd, Manda Weintraub...

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