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SILVERBERG v. MIRENBERG

192 Misc.2d 563 (2001)

746 N.Y.S.2d 742

MARC F. SILVERBERG, Plaintiff, v. ALLEN MIRENBERG et al., Defendants.

Civil Court, New York County.

November 30, 2001.

Attorney(s) appearing for the Case

Rothstein & Weinstein, LLP, Melville (Douglas S. Thaler of counsel), for plaintiff.

Kenneth J. Aronson, New York City, for defendants.

OPINION OF THE COURT

LUCY BILLINGS, J.

A debtor owes a creditor and asks another party to write a check to pay the debt, in exchange for the debtor's promise to pay the other party. The check is returned for insufficient funds. As an alternative to recovering from the debtor, the creditor seeks to recover from the other party, who owed the creditor nothing. This undoubtedly common triangle of obligations somehow...

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