Gindel v. Long Island National Bank

1 Citing case

  1. Lincoln Rochester Trust Co. v. Seneca Hotel

    41 A.D.2d 888 (N.Y. App. Div. 1973)   Cited 2 times

    Memorandum: By the terms of appellants' indebtedness to respondent bank, appellant Rosen continued obligated thereon as principal after he assigned the security to Geneva 531 Corp., and so his defense that respondent breached its duty to him as surety fails. Moreover, appellant's assertion that respondent lulled him as surety into failing to demand that respondent foreclose falls far short of pleading fraud or misrepresentation (CPLR 3018, subd. [b]) which would release a surety ( Gindel v. Long Is. Nat. Bank, 31 N.Y.2d 859; Schroeppell v. Shaw, 3 N.Y. 446, 456-457). Mere leniency or inaction on the part of the creditor is insufficient to discharge the surety ( Becker v. Faber, 280 N.Y. 146; State Bank of Lock Haven v. Smith, 155 N.Y. 185, 198; Kingsbury v. Westfall, 61 N.Y. 356; Schroeppel v. Shaw, supra; 38 N.Y. Jur., Mortgages and Deeds of Trust, § 237; and see Marshall v. Davies, 78 N.Y. 414, 420-422).