Soparge v. Rosenblatt

McGivern, J. (dissenting).

I would affirm the denial of summary judgment to the defendants and I would reverse the grant of summary judgment to the plaintiff.

Under every aspect of these multi-faceted agreements, I do not find the intent clear that the individual defendants were guarantors or principal obligors. Yet, for the plaintiff to recover, the intent must be clear. (Chemical Corn Exch. Bank v. Brous, 6 Misc 2d 372; 57 N. Y. Jur., Suretyship and Guaranty, § 106.)

Special Term rejected out of hand the defense of usury, although it may be available if the undertaking to submit an audit was…