Legal Opinion

Hirsch v. Rifkin

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

Decided October 18, 1990PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered March 7, 1990, which, inter alia, denied plaintiffs’ motion for summary judgment in lieu of complaint, unanimously affirmed, with costs.

The guarantee sued upon referred to an underlying note for an explanation of the "Guaranteed Indebtedness”. That note in turn incorporated the terms and conditions of an underly*294ing stock sale agreement. Plaintiffs were concededly in breach of certain representations and warranties made in that stock sale agreement, which involved liabilities potentially in excess of the indebtedness…

2Cases cited2 opinions

  1. Catskill National Bank v. DumaryNew York Court of Appeals · 1912
  2. Technical Tape, Inc. v. Spray Tuck, Inc.Appellate Division of the Supreme Court of the State of New York · 1987

3Cited by5 opinions

  1. Greenwich Capital Financial Products, Inc. v. NegrinAppellate Division of the Supreme Court of the State of New York · 2010
  2. Port Distributing Corp. v. PflaumerDistrict Court, S.D. New York · 1995
  3. Guilden v. Baldwin Securities Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  4. Leiser v. System D Restaurant Holdings, Inc.New York Supreme Court · 2010
  5. Ness v. FellusAppellate Division of the Supreme Court of the State of New York · 2012

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