Feldman v. Torres
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
*48OPINION OF THE COURT
Memorandum.
Ordered that the order is affirmed, without costs.
In 1992, Jon David Sherry created the Sherry Family Trust (the Trust). Sherry was its sole trustee. In 2001, the Trust borrowed $25,000 from plaintiff. Sherry, acting as trustee of the Trust, signed a promissory note to plaintiff, which Sherry also signed in his individual capacity as guarantor. As further security for payment of the note, Sherry, acting as trustee of the Trust, conditionally assigned to plaintiff and to one Tovah Rosen, who had also loaned money to the Trust, the Trust’s interest in a promissory…
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