MORSE, ZELNICK, ROSE & LANDER, LLP v. RONNYBROOK FARM DAIRY, INC.

6878, 106421/09.

92 A.D.3d 579 (2012)

939 N.Y.S.2d 365

2012 NY Slip Op 1353

MORSE, ZELNICK, ROSE & LANDER, LLP, Respondent, v. RONNYBROOK FARM DAIRY, INC., Appellant.

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

Decided February 23, 2012.


There is a triable issue of fact as to whether the preconditions to the payment of plaintiff's note have been satisfied. The May 25, 2000 promissory note, which is the basis for this action, and the May 25, 2000 letter agreement must be read together (see e.g. BWA Corp. v Alltrans Express U.S.A., 112 A.D.2d 850, 852 [1985]). The letter agreement provides that "the repayment of the note held by [plaintiff] shall be subordinate and...

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