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

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

DecidedNovember 6, 1997

StatusPublished

This text of 244 A.D.2d 173 (BNY Financial Corp. v. Kogan) 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

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).

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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.

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Bluebook (online)

244 A.D.2d 173, 665 N.Y.S.2d 265, 1997 N.Y. App. Div. LEXIS 11150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bny-financial-corp-v-kogan-nyappdiv-1997.

Opinion

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