Home/Appellate Division of the Supreme Court of New York/J R & R Holding Co. v. 730 Realty Associates

J R & R Holding Co. v. 730 Realty Associates

199 A.D.2d 80, 605 N.Y.S.2d 862
Appellate Division of the Supreme Court of the State of New York·Decided December 14, 1993·Published

Opinion

Judgment, Supreme Court, Bronx County (Alan Saks, J.), entered on or about September 19, 1992, in favor of plaintiff and against defendants-appellants in the amount of $337,473.09, and bringing up for review an order, inter alia, granting plaintiffs motion for partial summary judgment, unanimously affirmed, with costs.

In this action on a guarantee, we agree with the IAS Court that appellants failed to raise a triable issue of fact concerning their claim of usury. Nor is there merit to appellants’ argument that each one of them should not have been held liable for the total amount of the judgment, each having individually signed the guarantee without in any manner limiting his liability (see, 63 NY Jur 2d, Guaranty and Suretyship, § 126, at 183). Concur—Murphy, P. J., Sullivan, Ross and Asch, JJ.

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J R & R Holding Co. v. 730 Realty Associates, 199 A.D.2d 80, 605 N.Y.S.2d 862 (N.Y. Ct. App. 1993).

199 A.D.2d 80 (J R & R Holding Co. v. 730 Realty Associates) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.