§Why CasetextPricing

Cooperatieve Centrale Raiffeisen-Boerenleenbank, B.A.,, Respondent,v.Francisco Javier Herrera Navarro, Appellant, The Estate of Eduardo Guzman Solis, Defendant.

Brief

11 Cited authorities

  1. Citibank v. Plapinger

    66 N.Y.2d 90 (N.Y. 1985)   Cited 450 times   2 Legal Analyses
    Holding that although guarantors submitted sufficient evidence to support finding they signed guaranty in reliance on false statement bank was "committed to extend[ing] to the [borrower] an additional line of credit," guarantors' defense was foreclosed by language in guaranty providing that guarantors' obligations were "absolute and unconditional" irrespective of any "circumstance which might otherwise constitute a defense"

  2. 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

  3. Pike v. New York Life Ins. Co.

    72 A.D.3d 1043 (N.Y. App. Div. 2010)   Cited 116 times
    Holding that the continuing wrong doctrine did not toll the statute of limitations where plaintiff did not point to any specific wrong that occurred each time an insurance premium was paid

  4. Davimos v. Halle

    35 A.D.3d 270 (N.Y. App. Div. 2006)   Cited 87 times   1 Legal Analyses
    Stating that "the various guaranties, promissory notes and loan agreements in the record undermine, rather than support, plaintiff's claim that, read together, they create a binding obligation on defendant. Rather than elucidate plaintiff's claim, the documents obscure it, creating factual issues"

  5. Canterbury Realty v. Sav. Bank

    135 A.D.2d 102 (N.Y. App. Div. 1988)   Cited 54 times
    Holding that "an issue of fact was presented as to whether the Bank unfairly brought about the occurrence of the very condition precedent ([plaintiff's] suspension of business) upon which it relied to accelerate the loan"

  6. Preamble Properties v. Woodard Antiques

    293 A.D.2d 330 (N.Y. App. Div. 2002)   Cited 11 times

    740-740A April 11, 2002. Order and judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered January 11, 2001 and February 22, 2001, respectively, which, inter alia, granted partial summary judgment to plaintiff commercial landlord Preamble Properties as against defendant tenant Thomas K. Woodard Antiques Corp. and individual guarantor defendants Thomas K. Woodard and Blanche Greenstein for rent due plaintiff under the subject lease and guarantees through January 2, 1996, the date

  7. Lane v. Lane

    175 A.D.2d 103 (N.Y. App. Div. 1991)   Cited 19 times

    July 1, 1991 Appeal from the Supreme Court, Kings County (Held, J.). Ordered that the orders are affirmed, with one bill of costs. In February 1985 the infant plaintiff, Andrew Lane, was injured in a fire which occurred in residential premises located on Bushwick Avenue in Brooklyn. The infant's mother, the plaintiff Beverly Lane, commenced this personal injury action on behalf of her son and herself against the owners of the building. The building was owned by the plaintiff's uncle William Lane

  8. SIGNATURE BANK v. LARO MAINTENANCE CORP.

    2011 N.Y. Slip Op. 31797 (N.Y. Sup. Ct. 2011)

    016790/2009. June 21, 2011. [EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] IRA B. WARSHAWSKY, Judge. The following papers read on this motion: Notice of Plaintiff's Motion for Summary Judgment, Salvatore Trifiletti Affidavit, and Exhibits Annexed ................................................... 1 Plaintiff's Memorandum of Law in Support of its Motion ................... 2 Robert Bertuglia Affidavit in Opposition and Exhibits Annexed ............ 3 Defendants' Memorandum

  9. European American Bank v. Mr. Wemmick, Ltd.

    160 A.D.2d 905 (N.Y. App. Div. 1990)   Cited 17 times

    April 23, 1990 Appeal from the Supreme Court, Nassau County (Brucia, J.). Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied. The plaintiff and defendant Mr. Wemmick, Ltd. (hereinafter Wemmick) entered into an "Assigned Account Loan Agreement", pursuant to which the plaintiff extended to Wemmick a line of credit for use in connection with its business. The agreement contained a provision whereby Wemmick agreed to waive setoffs and counterclaims

  10. South Spring Hill Gold Mining Co. v. Amador Medean Gold Mining Co.

    145 U.S. 300 (1892)   Cited 68 times
    Concluding that the court could not adjudicate a matter between two corporations which, since the lower court ruling, had come under the control of the same persons

  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,248 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"