Kleet Lumber Co. v. Quail Homes of Long Island, Inc.

Weinstein, J.,

dissents and votes to reverse the judgment insofar as appealed from, and grant the plaintiff judgment against Novick, with the following memorandum: According to my view of the record, the unequivocal terms of the subject guarantee do not limit it to the indebtedness arising from the purchase agreement to which it was attached. Nor is the date on which the defendant Novick signed and executed the guarantee controlling inasmuch as that instrument specifically provides that it extends to "any other contract with or obligation to the Seller howsoever and whenever arising”. By…