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Tri-Global Management Corp. v. Richardson

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 2003
303 A.D.2d 674 (N.Y. App. Div. 2003)

Opinion

2002-00752

Argued February 25, 2003.

March 24, 2003.

In an action, inter alia, to recover upon a personal guaranty, the defendant Charles Richardson appeals from a judgment of the Supreme Court, Kings County (Held, J.), dated December 12, 2001, which, upon an order of the same court, dated November 20, 2001, granting the plaintiff's motion for summary judgment on its first cause of action, is in favor of the plaintiff and against him in the principal sum of $701,370.93.

Lindenbaum Young, Brooklyn, N.Y. (Alan H. Young and Patrick I. Lucas of counsel), for appellant.

Susan von Ohlen, Great Neck, N.Y., for respondent.

Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, NANCY E. SMITH, DANIEL F. LUCIANO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

Contrary to the appellant's contention, the Supreme Court properly applied the doctrine of res judicata in granting the plaintiff's motion for summary judgment on its first cause of action to recover on a personal guaranty (see Matter of Eagle Ins. Co. v. Facey, 272 A.D.2d 399; Sterling Doubleday Enters. v. Marro, 238 A.D.2d 502; Rizzo v. Ippolito, 137 A.D.2d 511; see also Ultracashmere House v. Kenston Warehousing Corp., 166 A.D.2d 386).

The appellant's remaining contentions lack merit.

RITTER, J.P., SANTUCCI, SMITH and LUCIANO, JJ., concur.


Summaries of

Tri-Global Management Corp. v. Richardson

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 2003
303 A.D.2d 674 (N.Y. App. Div. 2003)
Case details for

Tri-Global Management Corp. v. Richardson

Case Details

Full title:TRI-GLOBAL MANAGEMENT CORP., respondent, v. CHARLES RICHARDSON, appellant

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

Date published: Mar 24, 2003

Citations

303 A.D.2d 674 (N.Y. App. Div. 2003)
756 N.Y.S.2d 776

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