Marine Midland Bank, N. A. v. Maloy

Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court denied plaintiff's motion for summary judgment against defendant Michael Puntillo on a written guaranty, stating that there was an issue of fact whether plaintiff had made fraudulent misrepresentations, which induced defendant to sign the guaranty. We reverse and grant plaintiff’s motion for summary judgment on the guaranty of the four notes.

The guaranty provides that it "is unlimited in amount unless an amount is inserted in the space at the end of this paragraph. Only if an amount is so…