Opinion
May 4, 1981
In an action, inter alia, upon a guarantee, plaintiff appeals from an order of the Supreme Court, Rockland County, entered October 24, 1980, which denied its motion for summary judgment. Order reversed, on the law, with $50 costs and disbursements, and motion granted. The liability of a guarantor of a corporate debt is not affected by the institution of bankruptcy proceedings involving the corporation (see Union Trust Co. of Rochester v Willsea, 275 N.Y. 164; Matter of Nine North Church St., 82 F.2d 186). Since plaintiff's moving papers established its prima facie right to relief and defendant failed to controvert any of the allegations in plaintiff's papers, summary judgment should have been granted to plaintiff (see Kuehne Nagel v Baiden, 36 N.Y.2d 539, 544; Braun v Hudson Park Co-op. Apts., 78 A.D.2d 667). Mollen, P.J., Margett, O'Connor and Weinstein, JJ., concur.