Ray Weil Chevrolet, Inc. v. Warmus

Full title: RAY WEIL CHEVROLET, INC., Respondent, v. THOMAS A. WARMUS, Appellant

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

Date published: Dec 29, 1993

199 A.D.2d 998 (N.Y. App. Div. 1993)

608 N.Y.S.2d 921

Opinion

December 29, 1993

Appeal from the Supreme Court, Erie County, Glownia, J.

Present — Pine, J.P., Balio, Doerr and Boehm, JJ.

Order unanimously reversed on the law with costs, motion denied and second cause of action reinstated. Memorandum: On a prior appeal, this Court determined that factual issues existed whether the guarantee executed by defendant Warmus was conditional or unconditional (see, Weil Chevrolet v Warmus, 185 A.D.2d 671, lv dismissed 81 N.Y.2d 835). Following further discovery, plaintiff again moved for summary judgment on that cause of action seeking to recover on the guarantee. The additional evidence submitted on that motion does not eliminate those factual issues.