Ray Weil Chevrolet, Inc. v. Warmus

Appellate Division of the Supreme Court of New York

Ray Weil Chevrolet, Inc. v. Warmus

199 A.D.2d 998, 608 N.Y.S.2d 921, 1993 N.Y. App. Div. LEXIS 12599

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

DecidedDecember 29, 1993

StatusPublished

This text of 199 A.D.2d 998 (Ray Weil Chevrolet, Inc. v. Warmus) 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

Ray Weil Chevrolet, Inc. v. Warmus, 199 A.D.2d 998, 608 N.Y.S.2d 921, 1993 N.Y. App. Div. LEXIS 12599 (N.Y. Ct. App. 1993).

Pincite

Opinion

Order unanimously reversed on the law with costs, motion denied and second cause of action reinstated. Memorandum: On a prior appeal, this Court determined that factual issues existed whether the guarantee executed by defendant Warmus was conditional or unconditional (see, Weil Chevrolet v Warmus, 185 AD2d 671, lv dismissed 81 NY2d 835). Following further discovery, plaintiff again moved for summary judgment on that cause of action seeking to recover on the guarantee. The additional evidence submitted on that motion does not eliminate those factual [999]*999issues. (Appeal from Order of Supreme Court, Erie County, Glownia, J.—Summary Judgment.) Present—Pine, J. P., Balio, Doerr and Boehm, JJ.

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Order unanimously reversed on the law with costs, motion denied and second cause of action reinstated. Memorandum: On a prior appeal, this Court determined that factual issues existed whether the guarantee executed by defendant Warmus was conditional or unconditional (see, Weil Chevrolet v Warmus, 185 AD2d 671, lv dismissed 81 NY2d 835). Following further discovery, plaintiff again moved for summary judgment on that cause of action seeking to recover on the guarantee. The additional evidence submitted on that motion does not eliminate those factual [999]*999issues. (Appeal from Order of Supreme Court, Erie County, Glownia, J.—Summary Judgment.) Present—Pine, J. P., Balio, Doerr and Boehm, JJ.

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Bluebook (online)

199 A.D.2d 998, 608 N.Y.S.2d 921, 1993 N.Y. App. Div. LEXIS 12599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-weil-chevrolet-inc-v-warmus-nyappdiv-1993.

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