In September 2000, defendant HL purchased a restaurant called "Clementine" from plaintiff. Part of the consideration consisted of a note in the amount of $185,866 from HL to plaintiff, guaranteed by defendant Berger, a member of HL, with the first payment due on March 1, 2001. The note referenced a document entitled "Affidavit of Creditors" of plaintiff and gave defendant HL "a right of set-off . . . in the event of any material discrepancies contained in the Affidavit of...
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