Fair Capital Corp. v. Williams

Appellate Division of the Supreme Court of New York

Fair Capital Corp. v. Williams

182 A.D.2d 438, 582 N.Y.S.2d 165, 1992 N.Y. App. Div. LEXIS 5658

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

DecidedApril 9, 1992

StatusPublished

This text of 182 A.D.2d 438 (Fair Capital Corp. v. Williams) 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

Fair Capital Corp. v. Williams, 182 A.D.2d 438, 582 N.Y.S.2d 165, 1992 N.Y. App. Div. LEXIS 5658 (N.Y. Ct. App. 1992).

Pincite

Opinion

Order, Supreme Court, New York County (Harold Tompkins, J.), entered February 14, 1991, which, insofar as appealed from, denied defendant’s cross-motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Defendant’s personal guarantees for payment of the June 1983 and December 1983 loans, stated that they "shall remain in full force until the entire obligations and indebtedness * * * shall be fully paid and discharged.” As the evidence [439]*439demonstrates that the loans have not yet been fully paid and discharged, the IAS court correctly refused to grant summary judgment and dismiss the complaint as against defendant. Concur — Murphy, P. J., Rosenberger, Ellerin, Ross and Rubin, JJ.

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Order, Supreme Court, New York County (Harold Tompkins, J.), entered February 14, 1991, which, insofar as appealed from, denied defendant’s cross-motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Defendant’s personal guarantees for payment of the June 1983 and December 1983 loans, stated that they "shall remain in full force until the entire obligations and indebtedness * * * shall be fully paid and discharged.” As the evidence [439]*439demonstrates that the loans have not yet been fully paid and discharged, the IAS court correctly refused to grant summary judgment and dismiss the complaint as against defendant. Concur — Murphy, P. J., Rosenberger, Ellerin, Ross and Rubin, JJ.

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Bluebook (online)

182 A.D.2d 438, 582 N.Y.S.2d 165, 1992 N.Y. App. Div. LEXIS 5658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fair-capital-corp-v-williams-nyappdiv-1992.