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Israel Discount Bk. v. 500 Fifth Ave. Assoc

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 1990
167 A.D.2d 203 (N.Y. App. Div. 1990)

Opinion

November 13, 1990

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).


Plaintiff established its entitlement to summary judgment in lieu of complaint on defendants' written personal guarantees of a promissory note made by the defendant corporation by establishing execution, delivery, demand and failure to pay. (European Am. Bank Trust Co. v. Schirripa, 108 A.D.2d 684.) The defendants fail to substantiate, in evidentiary form, their conclusory contention that the promissory note upon which the underlying action was predicated was repaid, extended or satisfied by the issuance of a second promissory note in the same amount as the original note, with a different maturity date. In any event, the defendants would remain liable since their guarantees contemplated extensions, renewals and replacements of the underlying indebtedness.

Concur — Kupferman, J.P., Milonas, Rosenberger, Asch and Kassal, JJ.


Summaries of

Israel Discount Bk. v. 500 Fifth Ave. Assoc

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 1990
167 A.D.2d 203 (N.Y. App. Div. 1990)
Case details for

Israel Discount Bk. v. 500 Fifth Ave. Assoc

Case Details

Full title:ISRAEL DISCOUNT BANK OF NEW YORK, Respondent, v. 500 FIFTH AVENUE…

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

Date published: Nov 13, 1990

Citations

167 A.D.2d 203 (N.Y. App. Div. 1990)
561 N.Y.S.2d 252

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