Kohanoff v. Calabro

Appellate Division of the Supreme Court of New York

Kohanoff v. Calabro

117 A.D.3d 646, 986 N.Y.S.2d 333

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

DecidedMay 29, 2014

StatusPublished

This text of 117 A.D.3d 646 (Kohanoff v. Calabro) 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

Kohanoff v. Calabro, 117 A.D.3d 646, 986 N.Y.S.2d 333 (N.Y. Ct. App. 2014).

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Opinion

Judgment, Supreme Court, New York County (O. Peter Sherwood, J.), entered January 18, 2013, to the extent it awards plaintiff damages as against defendant Thomas Calabro, unanimously reversed, on the law, with costs, and the judgment vacated. The Clerk is directed to dismiss the complaint as against Calabro.

Plaintiff and defendants Bakhshi and Movtady agreed to extend the maturity dates of loans that defendant Calabro had agreed to guarantee, without obtaining Calabro’s consent. Calabro is thus relieved of his obligation as a guarantor (Bier Pension Plan Trust v Estate of Schneierson, 74 NY2d 312, 315-316 [1989]).

Concur—Tom, J.E, Moskowitz, DeGrasse, Richter and Kapnick, JJ.

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Judgment, Supreme Court, New York County (O. Peter Sherwood, J.), entered January 18, 2013, to the extent it awards plaintiff damages as against defendant Thomas Calabro, unanimously reversed, on the law, with costs, and the judgment vacated. The Clerk is directed to dismiss the complaint as against Calabro.

Plaintiff and defendants Bakhshi and Movtady agreed to extend the maturity dates of loans that defendant Calabro had agreed to guarantee, without obtaining Calabro’s consent. Calabro is thus relieved of his obligation as a guarantor (Bier Pension Plan Trust v Estate of Schneierson, 74 NY2d 312, 315-316 [1989]).

Concur—Tom, J.E, Moskowitz, DeGrasse, Richter and Kapnick, JJ.

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Bluebook (online)

117 A.D.3d 646, 986 N.Y.S.2d 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kohanoff-v-calabro-nyappdiv-2014.

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