Lloyds Bank PLC v. McCormick & Pryor

Full title: LLOYDS BANK PLC, Respondent, v. MCCORMICK PRYOR et al., Appellants

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

Date published: Jan 21, 1997

235 A.D.2d 292 (N.Y. App. Div. 1997)

652 N.Y.S.2d 707

Opinion

January 21, 1997.

Order, Supreme Court, New York County (Paula Omansky, J.), entered on or about January 24, 1996, which granted plaintiffs motion for summary judgment in lieu of complaint and directed judgment be entered against each defendant in the amount of $19,343.10, plus interest, unanimously affirmed, with costs.

Before: Wallach, J. P., Nardelli, Tom, Mazzarelli and Andrias, JJ.

Summary judgment was properly awarded since the unconditional guarantees at issue contain a specific disclaimer of defenses available to the guarantors ( see, Citibank v Plapinger, 66 NY2d 90).