European American Bank v. Surgical Consultants, P.C.

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered November 14, 2001, which, in an action by a bank against the corporate defendant for breach of a credit agreement and against the individual defendant on his guarantee, granted plaintiffs motion for partial summary judgment as against the individual defendant, and severed defendants’ counterclaim, unanimously affirmed, with costs.

Given a guarantee that is “absolute and unconditional in all events and not dischargeable or affected by any circumstance which may constitute a legal or equitable discharge,” a counterclaim that…