Crisafulli Bros. v. Kilmartin

Appeal from an order of the Supreme Court at Special Term (Connor, J.), entered July 23, 1983 in Albany County, which denied plaintiff’s motion for summary judgment against defendant Harold Kilmartin. 11 Plaintiff sells food supplies to restaurants and other commercial enterprises. In December of 1981, plaintiff agreed to provide foodstuffs necessary for the operation of defendant Mr. Laff’s, Inc., a new restaurant business. Defendant Harold Kilmartin, in connection with this agreement, signed a guarantee agreement in his own name. The third and final paragraph of the guarantee agreement was…