Legal Opinion

Merrill Lynch Business Financial Services Inc. v. Trataros Construction, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided June 27, 2006PublishedCited by 9 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Charles E. Ramos, J.), entered May 20, 2005, in favor of plaintiff lender *337and against defendants borrower and guarantor in the amount of $6,773,447.75, unanimously affirmed, with costs.

The subject guarantee is plainly a continuing one under which the individual defendant was obligated to pay, when due, all of the corporate defendant’s indebtedness to plaintiff whether or not extended with the individual defendant’s consent or existing at the time the guarantee was executed (see Korea First Bank of N.Y. v Chung Jae Cha, 259 AD2d 378, 379 [1999]). In…

2Cases cited3 opinions

  1. People v. CratsleyNew York Court of Appeals · 1995
  2. Elkaim v. ElkaimAppellate Division of the Supreme Court of the State of New York · 1991
  3. Korea First Bank of New York v. Chung Jae ChaAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by9 opinions

  1. Deutsche Bank National Trust Company v. MonicaAppellate Division of the Supreme Court of the State of New York · 2015
  2. Hochhauser v. Electric InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
  3. Landmark Capital Investments, Inc. v. WangAppellate Division of the Supreme Court of the State of New York · 2012
  4. Corsi v. Town of BedfordAppellate Division of the Supreme Court of the State of New York · 2008
  5. Portfolio Recovery Associates, LLC v. LallAppellate Division of the Supreme Court of the State of New York · 2015

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