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Brookman Brookman, P.C. v. Schiavoni

Appellate Division of the Supreme Court of New York, First Department
Dec 11, 1997
245 A.D.2d 93 (N.Y. App. Div. 1997)

Summary

granting partial summary judgement for liability under guaranty

Summary of this case from Cavendish Traders, Ltd. v. Nice Skate Shoes, Ltd.

Opinion

December 11, 1997

Appeal from the Supreme Court, New York County (Carol Huff, J.).


In this action to enforce defendants' guarantee to pay legal fees owed by their son and his wholly owned corporation, the IAS Court properly granted plaintiff summary judgment based on submission of the written guarantee and evidence that due demand was made and payment not forthcoming (see, Gateway State Bank v. Shangri-La Private Club for Women, 113 A.D.2d 791, affd 67 N.Y.2d 627). Defendants did not submit opposing affidavits and the affirmation of counsel lacking personal knowledge was insufficient to defeat the motion (see, Dempsey v. Intercontinental Hotel Corp., 126 A.D.2d 477, 479). The handwritten letter from the guarantors that the money had been deposited in their son's account and that payments were made on the guarantee from said account is sufficient to overcome the claim of the client that the guarantee was made without his personal knowledge.

Defendants' other arguments were not raised before the motion court and may not be raised for the first time on appeal (see, Recovery Consultants v. Shih-Hsieh, 141 A.D.2d 272, 276) and, in any event, are without merit.

Concur — Murphy, P.J., Sullivan, Rubin, Tom and Mazzarelli, JJ.


Summaries of

Brookman Brookman, P.C. v. Schiavoni

Appellate Division of the Supreme Court of New York, First Department
Dec 11, 1997
245 A.D.2d 93 (N.Y. App. Div. 1997)

granting partial summary judgement for liability under guaranty

Summary of this case from Cavendish Traders, Ltd. v. Nice Skate Shoes, Ltd.
Case details for

Brookman Brookman, P.C. v. Schiavoni

Case Details

Full title:BROOKMAN BROOKMAN, P. C., Respondent, v. GEORGE SCHIAVONI et al.…

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

Date published: Dec 11, 1997

Citations

245 A.D.2d 93 (N.Y. App. Div. 1997)
665 N.Y.S.2d 419

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