Opinion
June 4, 1992
Appeal from the Supreme Court, New York County (Beverly S. Cohen, J.).
It has previously been determined that Braten Apparel Corp. is justly indebted to plaintiff in the amount of $2,136,446.43 (see, Matter of Braten Apparel Corp., US Bankr Ct, SD N Y 1987 [A-67-A-82]). In granting plaintiff's motion for summary judgment on defendant's guaranty therefor, the IAS court properly determined that defendant was bound by the determination of the Bankruptcy Court (see, Heller Co. v. Cox, 343 F. Supp. 519, affd sub nom. Heller Co. v. Ocean Air Tradeways, 486 F.2d 1398).
Appellant's second affirmative defense alleging a breach of agreement by plaintiff has previously been rejected (see, Braten Apparel Corp. v. Bankers Trust Co., 80 A.D.2d 786, lv denied 54 N.Y.2d 604; Braten v. Bankers Trust Co., 89 A.D.2d 536, affd 60 N.Y.2d 155) and the third affirmative defense of usury may not be maintained by the guarantor in respect to the corporate debt (see, Schneider v. Phelps, 41 N.Y.2d 238). We have examined appellant's remaining arguments and find them to be without merit.
Concur — Ellerin, J.P., Kupferman, Ross, Asch and Kassal, JJ.