Manufacturers & Traders Trust Co. v. S.W.U. Associates, Inc.

Order unanimously reversed, without costs, and motion granted. Memorandum: In this action seeking recovery upon a written guarantee of a corporate indebtedness, plaintiff appeals from that part of an order which denied its motion for summary judgment against defendant Rita Upson. She concedes that she executed the guarantee but asserts that the nature of the instrument was misrepresented to her by her husband, a coguarantor and a principal in the corporation. She states she was told by him that her signature was required on corporate loan papers but “that nothing I was to sign would give M&T…