Israel Discount Bank v. 500 Fifth Avenue Associates

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered December 22, 1989, which granted plaintiffs motion for summary judgment in lieu of complaint pursuant to CPLR 3213, and denied the cross motion by defendants Williams and Brown for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Plaintiff established its entitlement to summary judgment in lieu of complaint on defendants’ written personal guarantees of a promissory note made by the defendant corporation by establishing execution, delivery, demand and failure to pay. (European Am. Bank & Trust Co. v…