A.C. Green Contractors, Inc. v. SMG Construction, Inc.

Appellate Division of the Supreme Court of New York

A.C. Green Contractors, Inc. v. SMG Construction, Inc.

210 A.D.2d 26, 619 N.Y.S.2d 565, 1994 N.Y. App. Div. LEXIS 11864

Appellate Division of the Supreme Court of the State of New York·Decided December 1, 1994·Published

Opinion

—Appeal from order, Supreme Court, New York County (Shirley Fingerhood, J.), entered April 29, 1993, which, inter alia, granted plaintiff’s motion for summary judgment as against defendant-appellant, is deemed an appeal from the judgment, same court and Justice, entered December 22, 1993, entered pursuant to such order, in favor of plaintiff and against defendant-appellant in the amount of $300,000, exclusive of interest, costs and disbursements, and, so considered, the judgment is unanimously affirmed, with costs.

Summary judgment was properly granted in view of appellant’s admission that he guaranteed the obligation sued upon, and the absence of any evidence tending to establish appellant’s claimed interest in the collateral that was to be placed in escrow to secure the obligation, or the claimed transfer of such collateral to plaintiff in satisfaction thereof (compare, Banque Indosuez v Pandeff, 193 AD2d 265, 272, lv dismissed 83 NY2d 907). Concur—Ellerin, J. P., Wallach, Ross and Williams, JJ.

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—Appeal from order, Supreme Court, New York County (Shirley Fingerhood, J.), entered April 29, 1993, which, inter alia, granted plaintiff’s motion for summary judgment as against defendant-appellant, is deemed an appeal from the judgment, same court and Justice, entered December 22, 1993, entered pursuant to such order, in favor of plaintiff and against defendant-appellant in the amount of $300,000, exclusive of interest, costs and disbursements, and, so considered, the judgment is unanimously affirmed, with costs.

Summary judgment was properly granted in view of appellant’s admission that he guaranteed the obligation sued upon, and the absence of any evidence tending to establish appellant’s claimed interest in the collateral that was to be placed in escrow to secure the obligation, or the claimed transfer of such collateral to plaintiff in satisfaction thereof (compare, Banque Indosuez v Pandeff, 193 AD2d 265, 272, lv dismissed 83 NY2d 907). Concur—Ellerin, J. P., Wallach, Ross and Williams, JJ.

A.C. Green Contractors, Inc. v. SMG Construction, Inc., 210 A.D.2d 26, 619 N.Y.S.2d 565, 1994 N.Y. App. Div. LEXIS 11864 (N.Y. Ct. App. 1994).

Pincite

210 A.D.2d 26 (A.C. Green Contractors, Inc. v. SMG Construction, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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