Bankers Trust Hudson Valley v. Christie

Sweeney and Staley, Jr., JJ.,

dissent and vote to affirm in the following memorandum by Staley, Jr., J. Staley, Jr., J. (dissenting). We respectfully dissent and would affirm the judgment. Christie contends that he intended to sign the "Unlimited Guaranty” only in his capacity as a corporate officer; that plaintiff had notice of the fact that Christie revoked the guarantee before the loans were made; and that plaintiff waived the requirement of written notice of revocation of the guarantee. The guarantee is clear and unambiguous in its terms of individual liability. It specifically sets forth…