IBJ Schroder Bank & Trust Co. v. Kerney

Appellate Division of the Supreme Court of New York

IBJ Schroder Bank & Trust Co. v. Kerney

200 A.D.2d 519, 608 N.Y.S.2d 816, 1994 N.Y. App. Div. LEXIS 566

Appellate Division of the Supreme Court of the State of New York·Decided January 25, 1994·Published

Opinion

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), dated May 17, 1993, which denied plaintiffs motion for summary judgment in an action based on a promissory note and personal guarantees, unanimously affirmed, with costs.

We agree with the IAS Court that material questions of fact exist with respect to the reasonableness of Schroder Bank’s treatment of the collateral and its alleged refusal to sell it after repeated demands to do so by defendant (see, Federal Deposit Ins. Corp. v Marino Corp., 74 AD2d 620, 621). Concur —Rosenberger, J. P., Wallach, Kupferman, Ross and Tom, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), dated May 17, 1993, which denied plaintiffs motion for summary judgment in an action based on a promissory note and personal guarantees, unanimously affirmed, with costs.

We agree with the IAS Court that material questions of fact exist with respect to the reasonableness of Schroder Bank’s treatment of the collateral and its alleged refusal to sell it after repeated demands to do so by defendant (see, Federal Deposit Ins. Corp. v Marino Corp., 74 AD2d 620, 621). Concur —Rosenberger, J. P., Wallach, Kupferman, Ross and Tom, JJ.

IBJ Schroder Bank & Trust Co. v. Kerney, 200 A.D.2d 519, 608 N.Y.S.2d 816, 1994 N.Y. App. Div. LEXIS 566 (N.Y. Ct. App. 1994).

Pincite

200 A.D.2d 519 (IBJ Schroder Bank & Trust Co. v. Kerney) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related