Samsung America, Inc. v. Noah

Full title: SAMSUNG AMERICA, INC., Respondent, v. SAM NOAH et al., Appellants

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

Date published: Nov 29, 1994

209 A.D.2d 367 (N.Y. App. Div. 1994)

619 N.Y.S.2d 260

Opinion

November 29, 1994

Appeal from the Supreme Court, New York County (Myriam J. Altman, J.).

A prima facie right to recover under a guaranty agreement is established by showing the execution thereof and a failure to pay in accordance therewith (117-14 Union Turnpike Assocs. v. County Dollar Corp., 187 A.D.2d 357). The court properly found that both requirements had been met, and we perceive no basis for setting aside the determination made by the Trial Judge, who was in the best position to evaluate the credibility of the witnesses and determine the weight to be accorded to the documentary evidence submitted by the parties.

Concur — Sullivan, J.P., Ellerin, Kupferman and Asch, JJ.