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Maines Paper & Food Service, Inc. v. Adel

Appellate Division of the Supreme Court of New York, Third Department
Dec 10, 1998
256 A.D.2d 760 (N.Y. App. Div. 1998)

Summary

holding that the rule applies even where the plaintiff suffers from "an inability to understand the English language"

Summary of this case from TUSKEY v. VOLT INFO. SCIENCES, INC.

Opinion

December 10, 1998

Appeals from an order of the Supreme Court (Monserrate, J.).


Plaintiff seeks to recover on defendant's personal guarantee of an unpaid corporate account for goods sold and delivered totaling approximately $55,000. We conclude that Supreme Court did not err in granting plaintiff's motion for summary judgment and, accordingly, affirm.

In addition to submitting the executed personal guarantee, plaintiff submitted documentation showing the corporation's failure to pay its outstanding balance thereby establishing its entitlement to summary judgment ( see, Albany Med. Ctr. Hosp. v. Armlin, 146 A.D.2d 866). With repeated references to his "difficulty with the English language", defendant — who has lived in this country since 1979 and has been a citizen for over a decade during which time he has entered into various real estate and personal property contracts and received a formal education from a prominent culinary institute — claims that summary judgment was improperly granted because he was fraudulently induced by plaintiff's representatives to sign the agreement. He claims he was not told that the document was a corporate credit application or that it contained a personal guarantee. We are unpersuaded.

In the absence of fraud, duress or some other wrongful act by a party to a contract, a signer of an agreement is deemed to be conclusively bound by its terms whether or not he or she read it ( see, Gilman v. Chase Manhattan Bank, 73 N.Y.2d 1, 11; Lewin Chevrolet-Geo-Oldsmobile v. Bender, 225 A.D.2d 916, 918; J J Structures v. Callanan Indus., 215 A.D.2d 890, 891, lv denied 86 N.Y.2d 708; see also, Morris v. Snappy Car Rental, 84 N.Y.2d 21, 30). Moreover, an inability to understand the English language, without more, is insufficient to avoid this general rule ( see, Kenol v. Nelson, 181 A.D.2d 863, 866; Sofio v. Hughes, 162 A.D.2d 518, 519, lv denied 76 N.Y.2d 712).

Here, defendant's alleged "difficulty" with the English language is irrelevant as he candidly admitted at his examination before trial that he made no attempt to read the document before signing it nor did he attempt to have someone else read or explain it to him. Even accepting as true defendant's allegations as to the misrepresentations made by plaintiff's representatives — namely, that the purpose of the agreement was merely to authorize him to order products in the future — reading the two-page agreement would have readily revealed that it was a corporate credit application containing a personal guarantee covering not only future but past debts as well. The agreement unambiguously and clearly indicates that it contained a "PERSONAL GUARANTEE" and defendant signed his name on a signature line for the "GUARANTOR". Having failed to read the agreement or, because of an alleged difficulty with the English language, having failed to have someone else read or explain it to him, defendant is precluded from asserting fraudulent inducement since there cannot be any justifiable reliance ( see, Dunkin' Donuts v. Liberatore, 138 A.D.2d 559, 560; see also, Lewin v. Chevrolet-Geo-Oldsmobile v. Bender, supra).

As a final matter, contrary to defendant's contentions, extension of payment of an antecedent debt can be adequate consideration for a personal guarantee ( see, Bellevue Bldrs. Supply v. Audubon Quality Homes, 213 A.D.2d 824, 825; see also, General Obligations Law § 5-1105).

Crew III, J.P., White, Peters and Graffeo, JJ., concur.

Ordered that the order and judgment are affirmed, with costs.


Summaries of

Maines Paper & Food Service, Inc. v. Adel

Appellate Division of the Supreme Court of New York, Third Department
Dec 10, 1998
256 A.D.2d 760 (N.Y. App. Div. 1998)

holding that the rule applies even where the plaintiff suffers from "an inability to understand the English language"

Summary of this case from TUSKEY v. VOLT INFO. SCIENCES, INC.

finding that an individual could not have justifiably relied on oral misrepresentations where he failed to read, or have someone else read and explain, the agreement that was otherwise unambiguous and clear

Summary of this case from Min Lee v. New Kang Suh Inc.

finding that an individual could not have justifiably relied on oral misrepresentations where he failed to read, or have someone else read and explain, the agreement that was otherwise unambiguous and clear

Summary of this case from Kosaraju v. Matthew Brian Gordon, E3 Inv. Grp., LLC

finding that defendant was precluded from asserting a fraudulent inducement claim where the terms of the document in question clearly contradicted the misrepresentations allegedly made by plaintiff's representatives to defendant with respect to its contents and defendant, who claimed he had "difficulty" with the English language, admitted that he made no attempt to read the document before signing it nor did he attempt to have someone read or explain it to him

Summary of this case from TSOR v. WARNER

finding defendant's alleged inability to understand English irrelevant when determining he was bound to the contract he signed

Summary of this case from Waters v. New York Prop. Ins. Underwriting Assn.

applying this rule to a party who suffered from an "in-ability to understand the English language"

Summary of this case from Stern v. Espeed, Inc.
Case details for

Maines Paper & Food Service, Inc. v. Adel

Case Details

Full title:MAINES PAPER AND FOOD SERVICE, INC., Respondent, v. EBRAHIM ADEL, Appellant

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

Date published: Dec 10, 1998

Citations

256 A.D.2d 760 (N.Y. App. Div. 1998)
681 N.Y.S.2d 390

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