Bank of New York v. Cherico

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order and judgment of the Supreme Court (Ruskin, J.), entered July 27, 1993 in Westchester County, which partially granted plaintiffs motion for summary judgment.

Plaintiff instituted an action against White Plains Towing Corporation, defendants Donald Cherico and Patricia A. Cherico (hereinafter the Chericos) to collect on a defaulted promissory note of White Plains Towing which was guaranteed by the Chericos. The Chericos were the owners of real property located at 217 Ferris Avenue in the City…