Rhodia, Inc. v. Steel
This text of 32 A.D.2d 753 (Rhodia, Inc. v. Steel) 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.
Opinion
Order entered December 11, 1968, unanimously reversed on the law, with $50 costs and disbiusements to the appellant, and the motion for summary judgment in the sum of $15,817.30 plus interest is granted; The unconditional guarantee is an instrument for the payment of money only within the meaning of CPLR 3213. (Seaman-Andwall Corp. v. Wright Mach. Corp., 31 A D 2d 136.) The defenses sought to be asserted are insufficient as a matter of law. The defense of economic duress is without factual .basis. The defense based on defects in the merchandise sold to the principal debtor is not available to the respondent-guarantor. (Elliott v. Brady, 192 N. Y. 221.) The documentary evidence establishes the amount of defendant’s indebtedness, as well as defendant-respondent’s liability therefor. Settle order on notice. Concur—Eager, J. P., Capozzoli, McGivern, McNally and Steuer, JJ.
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Cite This Page — Counsel Stack
32 A.D.2d 753, 300 N.Y.S.2d 1005, 1969 N.Y. App. Div. LEXIS 3774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhodia-inc-v-steel-nyappdiv-1969.