ESTATE OF GOTH v. TREMBLE


59 A.D.3d 839 (2009)

873 N.Y.S.2d 364

ESTATE OF GEORGE L. GOTH, Deceased, Appellant, v. TODD N. TREMBLE, Respondent.

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

Decided February 19, 2009.


MALONE Jr., J.

Plaintiff commenced this action seeking payment as holder of two promissory notes executed by defendant in favor of George L. Goth (hereinafter decedent). In his answer, defendant argued that the notes are unenforceable as they were made without consideration and, alternatively, that they were satisfied by services rendered in lieu of payment. Defendant also counterclaimed seeking payment for services provided to decedent under theories of quantum meruit...

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