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Movado Group, Inc. v. Presberg

Appellate Division of the Supreme Court of New York, First Department
Mar 23, 1999
259 A.D.2d 371 (N.Y. App. Div. 1999)

Summary

In Movado Group, the court held that "Defendant's promise to pay all of his company's debts to plaintiff on an `absolute, unconditional and continuing' basis, in consideration for extension of credit, was a broad commitment, certainly not limited to one opening transaction, as defendant would read it.

Summary of this case from Rheem Manufacturing v. Progressive Whsle

Opinion

March 23, 1999

Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).


An extension of credit is ample consideration for the execution of a guaranty ( Sun Oil Co. v. Heller, 248 N.Y. 28; First Am. Bank v. Builders Funding Corp., 200 A.D.2d 946, 948). Defendant's promise to pay all of his company's debts to plaintiff on an "absolute, unconditional and continuing" basis, in consideration for extension of credit, was a broad commitment, certainly not limited to one opening transaction, as defendant would read it. Such a written expression of Past consideration satisfies General Obligations Law § 5-1105 ( see, Bellevue Bldrs. Supply v. Audubon Quality Homes, 213 A.D.2d 824, 825-826; American Bank Trust Co. v. Lichtenstein, 48 A.D.2d 790, affd 39 N.Y.2d 857).

The reference in the agreement to the terms of payment on the "opening order" is separate from, and therefore extraneous to, the guaranty provision. Parol evidence is inadmissible as an aid in construing a guaranty as clear, and unambiguous as this one ( see, McShane Co. v. Padian, 142 N.Y. 207). Since no material issues of fact exist concerning the scope and extent of defendant's personal guaranty, plaintiff should have been granted summary judgment.

Concur — Ellerin, P. J., Wallach, Mazzarelli and Andrias, JJ.


Summaries of

Movado Group, Inc. v. Presberg

Appellate Division of the Supreme Court of New York, First Department
Mar 23, 1999
259 A.D.2d 371 (N.Y. App. Div. 1999)

In Movado Group, the court held that "Defendant's promise to pay all of his company's debts to plaintiff on an `absolute, unconditional and continuing' basis, in consideration for extension of credit, was a broad commitment, certainly not limited to one opening transaction, as defendant would read it.

Summary of this case from Rheem Manufacturing v. Progressive Whsle

In Movado Group, Inc. v. Presberg, 259 A.D.2d 371 (1st Dep't 1999), for example, the Court found "ample consideration for the execution of a guaranty" where defendant made a "broad commitment" that he would "pay all of his company's debts to plaintiff on an 'absolute, unconditional and continuing' basis[.]"

Summary of this case from Lebedev v. Blavatnik
Case details for

Movado Group, Inc. v. Presberg

Case Details

Full title:MOVADO GROUP, INC., Appellant, v. ANDREW PRESBERG, Respondent

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

Date published: Mar 23, 1999

Citations

259 A.D.2d 371 (N.Y. App. Div. 1999)
687 N.Y.S.2d 116

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