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Colonial Plumbing Corporation v. Gallagher

Appellate Division of the Supreme Court of New York, Third Department
Jul 13, 1995
217 A.D.2d 764 (N.Y. App. Div. 1995)

Opinion

July 13, 1995

Appeal from the Supreme Court, Albany County (Hughes, J.).


In connection with a credit line obtained by Robert Northrup from plaintiff, defendant executed an unconditional guarantee of payment assuming personal responsibility for "all accounts of * * * Northrup * * * arising from the sale of any and all materials". Upon Northrup's failure to pay the balance due under the credit line and plaintiff's inability to collect the amount due from Northrup, plaintiff commenced this action against defendant on the personal guarantee and ultimately obtained summary judgment. We reject defendant's claims that the guarantee was somehow limited by the fact that Northrup sought only a $1,500 line of credit or that plaintiff's failure to notify defendant of its approval of the credit line nullified the guarantee. Accordingly, we find that summary judgment was properly awarded to plaintiff.

Mikoll, J.P., Mercure, Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the order is affirmed, with costs.


Summaries of

Colonial Plumbing Corporation v. Gallagher

Appellate Division of the Supreme Court of New York, Third Department
Jul 13, 1995
217 A.D.2d 764 (N.Y. App. Div. 1995)
Case details for

Colonial Plumbing Corporation v. Gallagher

Case Details

Full title:COLONIAL PLUMBING CORPORATION, Respondent, v. MAUREEN GALLAGHER, Appellant

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

Date published: Jul 13, 1995

Citations

217 A.D.2d 764 (N.Y. App. Div. 1995)
629 N.Y.S.2d 128

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