Downes v. Aran

—Judgment unanimously affirmed with costs. Memorandum: Plaintiffs’ motions for summary judgment in lieu of complaint (see, CPLR 3213) were properly granted. It is undisputed that defendants executed unconditional personal guarantees of payment for loans made by plaintiffs to World Holding, Inc., and that defendants failed to make payment upon the corporation’s default. In opposition to plaintiffs’ motions, defendants failed to raise a genuine issue of material fact requiring a trial on their defense of fraud in the inducement. The fraudulent misrepresentations alleged by defendants were not…