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Crown Tire v. Tire Associates of Fairport

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1991
177 A.D.2d 974 (N.Y. App. Div. 1991)

Opinion

November 15, 1991

Appeal from the Supreme Court, Cayuga County, Contiguglia, J.

Present — Callahan, A.P.J., Doerr, Boomer, Balio and Lawton, JJ.


Order unanimously affirmed with costs. Memorandum: In opposition to plaintiff's motion for summary judgment in an action to recover on two corporate guaranty agreements, the individual defendant Jarmusz contended that each guaranty was no more than a promise by the corporation to pay its account and that he signed each agreement in a representative capacity. Supreme Court's summary rejection of that contention was proper. Each document is entitled "GUARANTY" and contains clear and unambiguous language that the debt of the corporate debtor is personally guaranteed, and the guarantor is identified as the individual defendant, Jarmusz (see, Crisafulli Bros. v Kilmartin, 100 A.D.2d 678; Sullivan County Wholesalers v. Cornwall Constr. Co., 90 A.D.2d 914). The addition of the word "Pres." underneath Jarmusz's signature is merely descriptive and does not affect his personal liability on the guaranty (see, Chemical Bank v. Kaufman, 142 A.D.2d 526, 527).


Summaries of

Crown Tire v. Tire Associates of Fairport

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1991
177 A.D.2d 974 (N.Y. App. Div. 1991)
Case details for

Crown Tire v. Tire Associates of Fairport

Case Details

Full title:CROWN TIRE COMPANY, INC., Respondent, v. TIRE ASSOCIATES OF FAIRPORT…

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

Date published: Nov 15, 1991

Citations

177 A.D.2d 974 (N.Y. App. Div. 1991)
577 N.Y.S.2d 1019

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