Silverescent Sign Co. v. Forty Second Street

Full title: SILVERESCENT SIGN CO., Respondent, v. FORTY SECOND STREET CORP., Doing…

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

Date published: Dec 10, 1991

178 A.D.2d 194 (N.Y. App. Div. 1991)

577 N.Y.S.2d 51

Opinion

December 10, 1991

Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).

The contracts in question provide for the personal guarantee of the individual defendant in consideration for the extension of credit to the corporate entities. It is defendant Clark's contention that no credit was extended and that this action is simply one for work, labor and services. The triable issue raised is whether the credit contracted for was ever extended. Accordingly, summary judgment was properly denied (see, Pantote Big Alpha Foods v Schefman, 121 A.D.2d 295).

Concur — Kupferman, J.P., Asch, Kassal and Rubin, JJ.