BNY Financial Corp. v. Kogan

Appellate Division of the Supreme Court of New York

BNY Financial Corp. v. Kogan

244 A.D.2d 173, 665 N.Y.S.2d 265, 1997 N.Y. App. Div. LEXIS 11150

Appellate Division of the Supreme Court of the State of New York·Decided November 6, 1997·Published

Opinion

—Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered January 23, 1997, awarding plaintiff the principal sum of $3,025,454.85, unanimously affirmed, with costs.

Summary judgment was properly granted because the alleged oral condition precedent, which contradicts the descriptions of the guarantors’ obligation as unconditional and of their liability as primary, is not provable as a matter of law (see, Meadow Brook Natl. Bank v Bzura, 20 AD2d 287; Chemical Bank v Kaufman, 142 AD2d 526). The asserted defense with respect to the underlying receivables claim is clearly barred by the terms of the guarantee. Concur—Wallach, J. P., Nardelli, Tom, Mazzarelli and Colabella, JJ.

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—Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered January 23, 1997, awarding plaintiff the principal sum of $3,025,454.85, unanimously affirmed, with costs.

Summary judgment was properly granted because the alleged oral condition precedent, which contradicts the descriptions of the guarantors’ obligation as unconditional and of their liability as primary, is not provable as a matter of law (see, Meadow Brook Natl. Bank v Bzura, 20 AD2d 287; Chemical Bank v Kaufman, 142 AD2d 526). The asserted defense with respect to the underlying receivables claim is clearly barred by the terms of the guarantee. Concur—Wallach, J. P., Nardelli, Tom, Mazzarelli and Colabella, JJ.

BNY Financial Corp. v. Kogan, 244 A.D.2d 173, 665 N.Y.S.2d 265, 1997 N.Y. App. Div. LEXIS 11150 (N.Y. Ct. App. 1997).

Pincite

244 A.D.2d 173 (BNY Financial Corp. v. Kogan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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