Keybro Enterprises v. Four Seasons Country Club Caterers, Inc.

I concur in the affirmance of the judgment in favor of defendant Pour Seasons Country Club Caterers, Inc. (Pour Seasons), but I would reverse the order and the judgment appealed from insofar as they provide for the dismissal of the complaint as against the individual defendants Dubov and the corporation Jack Dubov Associates, Inc. (herein referred to as defendants Dubov), and deny the cross motion by them for summary judgment.

The written instrument of guarantee signed by said defendants is in form an absolute and unconditional guarantee of payment of the notes. It recites that the notes were…