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COMFORCE TELECOM, INC. v. SPEARS HOLDING COMPANY, INC.

42 A.D.3d 557 (2007)

840 N.Y.S.2d 145

COMFORCE TELECOM, INC., Appellant, v. SPEARS HOLDING COMPANY, INC., Respondent.

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

Decided July 31, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff seeks to recover money due under a series of promissory notes executed in its favor by the defendant. However, the plaintiff also entered into a "Subordination Agreement" with a third party whereby the defendant's debt to the plaintiff was rendered subordinate to the defendant's debt to that third party.

We agree with the plaintiff...

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