Legal Opinion

Marine Midland Bank, N. A. v. Kenney Plumbing, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 19, 1986PublishedCited by 5 opinions

1Opinion of the Court

— Order reversed, on the law, without costs, and motion granted. Memorandum: Plaintiff met its burden of demonstrating its entitlement to summary judgment and defendants offered no evidence in admissible form to show that there are factual issues requiring a trial (see, Zuckerman v City of New York, 49 NY2d 557). Special Term erred, therefore, in denying plaintiff’s motion for summary judgment. Both the promissory note executed by defendant corporation and the unconditional guarantee executed by defendant Kenney personally are clear, complete, and unambiguous. Parol evidence is inadmissible…

2Cases cited3 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Thomas v. . ScuttNew York Court of Appeals · 1891
  3. Metropolitan Bank v. BrennanAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by5 opinions

  1. National Bank v. ESI Group, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  2. Fleet Bank v. RozanskiAppellate Division of the Supreme Court of the State of New York · 1995
  3. Bank of America, N.A. v. Lang Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Bank of America, N.A. v. Lang Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  5. East River Savings Bank v. Cerullo Motors, Inc., New York County Courts1987

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