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FIRST INSURANCE FUNDING CORP. v. KASS

4633, 602603/09.

82 A.D.3d 642 (2011)

920 N.Y.S.2d 311

FIRST INSURANCE FUNDING CORP., Plaintiff, v. LEE KASS, Also Known as LEIGH KASS, et al., Defendants. LEE KASS, Also Known as LEIGH KASS, et al., Counterclaim Plaintiffs and Third-Party Plaintiffs-Appellants, v. FIRST INSURANCE FUNDING CORP., Counterclaim Defendant, and PHILLIP WASSERMAN et al., Third-Party Defendants-Respondents.

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

Decided March 29, 2011.

In this action, plaintiff seeks to recover damages for breach of contract under a Master Promissory Note purportedly executed by defendant Lee Kass, also known as Leigh Kass, as Trustee of the Joseph Kass Irrevocable Insurance Trust, and a Personal Guaranty purportedly executed by defendants Lee Kass and Joseph Kass, individually (the Kass defendants). The complaint alleges, among other things, that pursuant to the note, the trust agreed to pay AI Credit Consumer Discount...

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