Opinion
May 16, 1996
Appeal from the Supreme Court, Bronx County (Luis Gonzalez, J.).
We agree with the IAS Court that the instant mortgage note is non-negotiable ( see, UCC 3-104 [b]; Matter of P K Marble v. La Piglia, 147 A.D.2d 804, 804-805). Therefore, plaintiff, as assignee of the note, took it subject to every defense maintainable against the assignor, defendants' attorney ( American Exch. Natl. Bank v. Woodlawn Cemetery, 194 N.Y. 116, 121). We also agree with the IAS Court that the record raises triable factual issues including the status of the assignee plaintiff and the role of defendants' attorneys when the loan agreement was structured.
We have considered plaintiff's other contentions and find then to be without merit.
Concur — Murphy, P.J., Wallach, Ross and Mazzarelli, JJ.