Holt v. Feigenbaum

Mahoney, P. J., and Main, J., dissent and vote to reverse in the following memorandum by Mahoney, P. J. Mahoney, P. J. (dissenting).

In granting summary relief Special Term essentially found that defendant’s contention that there was a failure of consideration to support the cross-indemnification contract was without merit, it being the view of Special Term that defendant should be estopped from denying that he was a guarantor since the cross-indemnification agreement identifies him as such, and, further, he represented therein that the bank had the right to seek recovery from him for the…