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National Financial Co. v. Perez

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 1997
244 A.D.2d 180 (N.Y. App. Div. 1997)

Opinion

November 13, 1997

Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).


We agree with the IAS Court's finding that the personal guarantees executed by defendants were primary obligations as to which defenses to the note were irrelevant and, since the guarantees were expressly applicable to obligations "now or hereafter existing, due or to become due", collateralized the 1988 note even though its underlying obligation was incurred after execution of the guarantees. It is therefore unnecessary to determine whether plaintiff established its status as a holder in due course.

Concur — Murphy, P. J., Rosenberger, Ellerin, Rubin and Tom, JJ.


Summaries of

National Financial Co. v. Perez

Appellate Division of the Supreme Court of New York, First Department
Nov 13, 1997
244 A.D.2d 180 (N.Y. App. Div. 1997)
Case details for

National Financial Co. v. Perez

Case Details

Full title:NATIONAL FINANCIAL CO., a Partnership between INTERSTATE MORTGAGE…

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

Date published: Nov 13, 1997

Citations

244 A.D.2d 180 (N.Y. App. Div. 1997)
663 N.Y.S.2d 852

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