Legal Opinion

Mazzella v. Lupinachi

Civil Court of the City of New York

Decided June 2, 1972PublishedCited by 2 opinions

1Opinion of the CourtCharles H. Cohen, J.

This is an action by plaintiff against defendant based upon a written instrument dated October 17, 1969 whereby defendant personally guaranteed the payment of the balance due and owing, to the extent of $7,500 on a certain instrument of Regal Service Associates, Inc. called a promissory note. That note dated November 7, 1968 in the amount of $15,000 recites a loan in that amount made by plaintiff to Regal which note, at least to the extent of $7,500, remains unpaid.

As defendant points out, it is clear that there must be consideration to support this guarantee, which was made after the…

2Cases cited12 opinions

  1. Mencher v. WeissNew York Court of Appeals · 1953
  2. Hutchison v. RossNew York Court of Appeals · 1933
  3. Martocci v. Greater New York Brewery, Inc.New York Court of Appeals · 1950
  4. Strobe v. Netherland Co.Appellate Division of the Supreme Court of the State of New York · 1935
  5. I. & I. Holding Corp. v. GainsburgNew York Court of Appeals · 1938

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3Cited by2 opinions

  1. Lucas v. United StatesCourt of Appeals for the Second Circuit · 2015
  2. Lucas v. United StatesCourt of Appeals for the Second Circuit · 2015

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