Thomas Industries, Inc. v. Sackren

In an action on respondents’ written guarantee, the third-party defendant appeals from an order of the Supreme Court, Kings County, dated May 14, 1970, which denied its motion to dismiss respondents’ third-party complaint. Order reversed, on the law, with $10 costs and disbursements, and third-party complaint dismissed. Sackren and Raskin (S & R), the third-party plaintiffs, personally guaranteed performance by Professional Surplus Co., Inc. (Professional), not a party to this action, of all of the terms and provisions of a sublease of a building entered into between the latter, as sublessee,…