General Electric Credit Corp. v. Durante Bros. & Sons, Inc.

OPINION OF THE COURT

Arnold G. Fraiman, J.

This is a motion by plaintiff for summary judgment in an action to recover the balance due on a guarantee agreement *562executed in connection with a conditional sales contract for the purchase of a back hoe. The hoe was repossessed from the purchaser for nonpayment of installments and sold "to the highest offeror”. Defendant concedes the validity of the guarantee agreement and admits that there was a default in the payment of installments by the purchaser. Nor does it dispute the amount of the outstanding balance owed to plaintiff under the sales…