Bank of New York v. Zator

Appellate Division of the Supreme Court of New York

Bank of New York v. Zator

274 A.D.2d 488, 712 N.Y.S.2d 382, 2000 N.Y. App. Div. LEXIS 8305

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 24, 2000

StatusPublished

Cited by2 cases

This text of 274 A.D.2d 488 (Bank of New York v. Zator) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bank of New York v. Zator, 274 A.D.2d 488, 712 N.Y.S.2d 382, 2000 N.Y. App. Div. LEXIS 8305 (N.Y. Ct. App. 2000).

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Opinion

—In an action to recover damages for failure to pay pursuant to a personal guarantee, the plaintiff appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated July 7, 1999, which denied its motion for summary judgment.

Ordered that the order is affirmed, with costs.

The Supreme Court properly found that triable issues of fact exist as to whether the defendant should be held personally liable on the guarantee (see, Star Video Entertainment v J & I Video Distrib., 268 AD2d 423; Florence Corp. v Penguin Constr. Corp., 227 AD2d 442). Bracken, J. P., Joy, Thompson, Gold-stein and Feuerstein, JJ., concur.

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—In an action to recover damages for failure to pay pursuant to a personal guarantee, the plaintiff appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated July 7, 1999, which denied its motion for summary judgment.

Ordered that the order is affirmed, with costs.

The Supreme Court properly found that triable issues of fact exist as to whether the defendant should be held personally liable on the guarantee (see, Star Video Entertainment v J & I Video Distrib., 268 AD2d 423; Florence Corp. v Penguin Constr. Corp., 227 AD2d 442). Bracken, J. P., Joy, Thompson, Gold-stein and Feuerstein, JJ., concur.

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Bluebook (online)

274 A.D.2d 488, 712 N.Y.S.2d 382, 2000 N.Y. App. Div. LEXIS 8305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-new-york-v-zator-nyappdiv-2000.

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