Legal Opinion
Benderson Development Co. v. Hallaway Properties, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1985PublishedCited by 9 opinions
1Opinion of the Court
—Order unanimously reversed, on the law, without costs, and motion granted. Memorandum: Plaintiff brought a motion in lieu of a complaint pursuant to CPLR 3213 seeking summary judgment on two notes given to plaintiff’s assignor, The Bank of New York, made by defendant Hallaway Properties, Inc., and unconditionally guaranteed by defendant Tocha. Special Term denied the motion. We find no evidence in the record demonstrating that there is a valid defense to either note. We, therefore, reverse and grant the motion.
Defendants’ assertion that the $160,000 note was signed "with the understanding…
2Cases cited4 opinions
- Lanzi v. BrooksNew York Court of Appeals · 1977
- Lanzi v. BrooksAppellate Division of the Supreme Court of the State of New York · 1976
- Meadow Brook National Bank v. BzuraAppellate Division of the Supreme Court of the State of New York · 1964
- Metropolitan Bank v. BrennanAppellate Division of the Supreme Court of the State of New York · 1975
3Cited by9 opinions
- Friends Lumber, Inc. v. Cornell Development Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Benderson Development Co. v. Hallaway Properties, Inc.New York Court of Appeals · 1986
- Seward & Kissel v. Smith Wilson Co., Inc.District Court, S.D. New York · 1993
- Falco v. ThorneAppellate Division of the Supreme Court of the State of New York · 1996
- Thomson McKinnon Securities Inc. v. Harris (In Re Thomson McKinnon Securities Inc.)District Court, S.D. New York · 1992
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