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PAF-PAR LLC, Appellant,v.Michael Silberberg, et al., Respondents.

Brief

42 Cited authorities

  1. Bank of N.Y. v. Silverberg

    86 A.D.3d 274 (N.Y. App. Div. 2011)   Cited 598 times
    Holding that MERS did not have standing to bring a foreclosure action since it only held the mortgage and was never the lawful holder of the note

  2. Weissman v. Sinorm Deli

    88 N.Y.2d 437 (N.Y. 1996)   Cited 408 times   6 Legal Analyses
    Characterizing a guaranty as a "contract of secondary liability" thus requiring a guarantor "to make payment only when the primary obligor has first defaulted."

  3. Red Tulip v. Neiva

    44 A.D.3d 204 (N.Y. App. Div. 2007)   Cited 146 times
    Holding "absolute and unconditional" guaranty which "absolutely, unconditionally and irrevocably" waived right to assert "any defense, set-off, counterclaim or cross claim of any nature whatsoever with respect to this guaranty," except the defense of actual payment, waived all counterclaims and defenses

  4. Slatt v. Slatt

    64 N.Y.2d 966 (N.Y. 1985)   Cited 265 times
    Cautioning that "courts may not fashion a new contract under the guise of contract construction," but must "discern the intent of the parties, to the extent that [the parties] evidenced what they intended by what they wrote" (alteration in Slatt )

  5. Jacobson v. Sassower

    66 N.Y.2d 991 (N.Y. 1985)   Cited 247 times
    Affirming Jacobson v. Sassower, supra

  6. White Rose Food v. Saleh

    99 N.Y.2d 589 (N.Y. 2003)   Cited 101 times
    Affirming the enforcement of a guaranty that was integrated into a promissory note

  7. Madison Avenue Leasehold, LLC v. Madison Bentley Associates LLC

    2006 N.Y. Slip Op. 9502 (N.Y. 2006)   Cited 88 times
    Stating the parol evidence rule

  8. Laba v. Carey

    29 N.Y.2d 302 (N.Y. 1971)   Cited 184 times
    Holding that a court must interpret a contract to give each provision its full force and effect

  9. Compagnie Financiere v. Merrill Lynch

    188 F.3d 31 (2d Cir. 1999)   Cited 64 times   1 Legal Analyses
    Upholding a guarantee even though underlying obligation of debtor had been discharged

  10. Bier Pension Plan Trust v. Estate of Schneierson

    74 N.Y.2d 312 (N.Y. 1989)   Cited 79 times
    Holding that a surety is not liable on any obligation which is modified without its consent

  11. Section 15-501 - Executory accord

    N.Y. Gen. Oblig. Law § 15-501   Cited 68 times

    1. Executory accord as used in this section means an agreement embodying a promise express or implied to accept at some future time a stipulated performance in satisfaction or discharge in whole or in part of any present claim, cause of action, contract, obligation, or lease, or any mortgage or other security interest in personal or real property, and a promise express or implied to render such performance in satisfaction or in discharge of such claim, cause of action, contract, obligation, lease

  12. Section 274-A - Certificate of principal amount unpaid on mortgages of real property

    N.Y. Real Prop. Law § 274-A   Cited 35 times
    Requiring that mortgage holder deliver to owner of real property a statement of principal due, interest paid, and itemized account of principal and interest claimed unpaid