M. Gilston, Inc. v. Ullman

Plaintiff moves for a summary judgment pursuant to CPLR 3213 on an unconditional guarantee of a promissory note. The guarantee itself is labeled “ unconditional guarantee,” and provides that action may be brought against the guarantor without first having proceeded against the maker of the note. It also provides that nothing shall discharge the guarantor from liability except full payment of the note.

Defendant submits no affidavit in opposition. He rests on a memorandum of law which urges that the short procedure provided by 3213 is not available because a guarantee is not an “ instrument for…