Bank of New York v. Zator

Full title: THE BANK OF NEW YORK, APPELLANT, v. JOHN ZATOR, RESPONDENT

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 24, 2000

274 A.D.2d 488 (N.Y. App. Div. 2000)

712 N.Y.S.2d 382

Opinion

Submitted May 24, 2000

July 24, 2000.

In an action to recover damages for failure to pay pursuant to a personal guarantee, the plaintiff appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated July 7, 1999, which denied its motion for summary judgment.

Robert Topper, P.C., Melville, N.Y., for appellant.

Paula Schwartz Frome, Garden City, N.Y., for respondent.

Before: LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly found that triable issues of fact exist as to whether the defendant should be held personally liable on the guarantee (see, Star Video Entertainment, LP v. J I Video Distrib., 268 A.D.2d 423; Florence Corp. v. Penguin Constr. Corp., 227 A.D.2d 442).