Lackmann Food Service, Inc. v. E & S Vending Co.
Cases that cite this one
4 later published cases cite this decision.
- Goodman v. Lieberman (Appellate Division of the Supreme Court of New York 1996)
- Midtown Neon Sign Corp. v. Miller (Appellate Division of the Supreme Court of New York 1993)
- Vinciguerra v. Northside Partnership (Appellate Division of the Supreme Court of New York 1992)
- Harris v. Miller (Appellate Division of the Supreme Court of New York 1988)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— In an action to recover on promissory notes and guarantees of payment, the plaintiffs appeal from an order of the Supreme Court, Nassau County (McGinity, J.), entered June 7, 1985, which denied their motion for summary judgment in lieu of complaint pursuant to CPLR 3213.
Ordered that the order is affirmed, with costs; and it is further,
Ordered that the plaintiffs’ time to serve a complaint is extended until 20 days after the service upon them of a copy of this decision and order, with notice of entry, and the defendants shall serve their answer within 20 days after service of the complaint.
The plaintiffs were not holders in due course. Consequently, the defendants’ counterclaim, alleging failure of consideration and lack of mutuality because all disputes and questions under the agreements were to be determined by the plaintiffs, presented a viable claim which arose from the underlying transaction. This claim is inseparable from the plaintiffs’
Case-law data current through December 31, 2025. Source: CourtListener bulk data.