Summary
finding genuine issue where corporation's president had initialed thirteenth page of contract, which contained guaranty with president's name typed in, but had not signed signature line immediately following individual guaranty provision
Summary of this case from United Natural Foods, Inc. v. BurgessOpinion
November 16, 1993
Appeal from the Supreme Court, New York County (William Davis, J.).
We agree with the IAS Court that notwithstanding that Gross signed the lease between plaintiff as landlord and Negev as tenant only in his capacity as Negev's president, Gross's initialling of the pages of the typewritten rider, including page 13 containing a clause specifically naming Gross, in boldface letters, as guarantor of Negev's rent obligations, but with the signature space for the individual guarantee left blank, these conflicting circumstances raises an issue of fact whether the parties intended that Gross should be individually bound by the lease (see, Paribas Props. v Benson, 146 A.D.2d 522, 525-526, distinguishing Salzman Sign Co. v Beck, 10 N.Y.2d 63, 67). Concerning jurisdiction, the service of the two summonses on Gross was effective to confer jurisdiction on both him and the two Negev defendants (Port Chester Elec. Co. v Ronbed Corp., 28 A.D.2d 1008). Gross's assertion that at the time of service he was no longer an officer of Negev is conclusory and insufficient to raise a triable issue of fact in the face of the documentary evidence submitted by plaintiff on the issue.
Concur — Murphy, P.J., Wallach, Kupferman and Asch, JJ.