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Beal Bank, SSB v. Sandpiper Resort Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 8, 1998
251 A.D.2d 360 (N.Y. App. Div. 1998)

Opinion

June 8, 1998

Appeal from the Supreme Court, Suffolk County (Hall, J.).


Ordered that the appeals from the orders are dismissed; and it is further,

Ordered that the judgment is affirmed insofar as appealed from; and it is further,

Ordered that the respondent is awarded one bill of costs.

The appeals from the intermediate orders must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeals from the orders are brought up for review and have been considered on the appeal from the judgment ( see, CPLR 5501 [a] [1]).

Contrary to the appellants' contention, the guarantees of payment at issue were executed by them to guarantee a loan made by Enzo, Ltd., d/b/a The Sandpiper Resort. Therefore, the appellants were not discharged under the bankruptcy reorganization plan and confirmation order of Cold Spring Bay Owners f/k/a Sandpiper Resort Corp. Moreover, by the unqualified language contained in the guarantees, the guarantees are enforceable even if the principal escapes liability (see, Manufacturers Hanover Trust Co. v. Green, 95 A.D.2d 737; Standard Brands v. Straile, 23 A.D.2d 363).

Sullivan, J. P., Joy, Krausman and Florio, JJ., concur.


Summaries of

Beal Bank, SSB v. Sandpiper Resort Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 8, 1998
251 A.D.2d 360 (N.Y. App. Div. 1998)
Case details for

Beal Bank, SSB v. Sandpiper Resort Corp.

Case Details

Full title:BEAL BANK, SSB, Respondent, v. SANDPIPER RESORT CORP., Now Known as COLD…

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

Date published: Jun 8, 1998

Citations

251 A.D.2d 360 (N.Y. App. Div. 1998)
674 N.Y.S.2d 83

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