holding that where guaranty expressly waived counterclaim but not defenses, the guarantor's affirmative defenses were not barred
Summary of this case from Faunus Grp. Int'l, Inc. v. RamsoondarJuly 11, 1991
Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered on November 16, 1990, unanimously affirmed for the reasons stated by Beatrice Shainswit, J., without costs. No opinion.
Concur — Milonas, J.P., Ross, Asch, Kassal and Smith, JJ.
holding that where guaranty expressly waived counterclaim but not defenses, the guarantor's affirmative defenses were not barred
Summary of this case from Faunus Grp. Int'l, Inc. v. RamsoondarFull title:JOSEPH NESTOR et al., Respondents, v. JOHN P. TILDEN, LTD., Appellant
Court:Appellate Division of the Supreme Court of New York, First Department
Date published: Jul 11, 1991
If parties to a guaranty intend a waiver of defenses arising from the alteration of the underlying contract…
John P. Tilden, Ltd. v. Profeta & EisensteinBefore: Sullivan, J.P., Ellerin, Tom and Andrias, JJ. Plaintiffs contention that had defendants timely served…