Legal Opinion

Turnberry Residential Ltd. Partner v. Wilmington Trust FSB

Appellate Division of the Supreme Court of the State of New York

Decided August 28, 2012Published

1Opinion of the Court

OPINION OF THE COURT

Moskowitz, J.

This appeal presents us with the rare opportunity to analyze a completion guaranty. This sort of guaranty differs from an instrument that guarantees payment. A guarantee of payment typically guarantees a borrower’s debt. A completion guaranty guarantees the completion of a project (usually a construction project) should the borrower be unable to do so. Unlike a payment guaranty that is enforceable only after the primary obligor fails to perform, a completion guaranty is often a primary obligation of the guarantor.

In June 2007, a syndicate of lenders (the…

2Cases cited2 opinions

  1. The Chase Manhattan Bank, N.A. v. American National Bank And Trust Company Of ChicagoCourt of Appeals for the Second Circuit · 1996
  2. 1633 Associates v. Uris Buildings Corp.Appellate Division of the Supreme Court of the State of New York · 1979

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