Legal Opinion
Marine Midland Bank v. Hakim
Appellate Division of the Supreme Court of the State of New York
Decided February 26, 1998PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Lewis Friedman, J.), entered August 6, 1996, which granted plaintiffs motion for partial summary judgment seeking enforcement of defendants-appellants’ guaranty of a loan, unanimously affirmed, with costs.
Plaintiffs decision to sue on the note while retaining the collateral was within its rights under UCC 9-501 (1) and was commercially reasonable (see, First Inti. Bank v Blankstein & Son, 59 NY2d 436, 447; Chemical Bank v Aleo Gems Corp., 151 AD2d 366, 368).
Defendants have presented no evidence suggesting either negligence by plaintiff in the…
2Cases cited3 opinions
- First International Bank of Israel, Ltd. v. L. Blankstein & Son, Inc.New York Court of Appeals · 1983
- Moukarzel v. Montefiore Medical CenterAppellate Division of the Supreme Court of the State of New York · 1997
- Chemical Bank v. Alco Gems Corp.Appellate Division of the Supreme Court of the State of New York · 1989
3Cited by4 opinions
- Reliance Construction Ltd. v. KennellyAppellate Division of the Supreme Court of the State of New York · 2010
- VFS Financing, Inc. v. Shilo Management Corp.Court of Appeals of Oregon · 2016
- Lupo v. Anna's Lullaby Café, LLCAppellate Division of the Supreme Court of the State of New York · 2020
- KLS Diversified Master Fund, L.P. v. McDevittDistrict Court, S.D. New York · 2021