Legal Opinion

MTI Systems Corp. v. Hatziemanuel

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

Decided June 19, 1989PublishedCited by 13 opinions

1Opinion of the Court

In an action to recover payment on a guarantee, the defendant Michael Hatziemanuel appeals from an order of the Supreme Court, Nassau County (Brucia, J.), dated *650June 28, 1988, which granted that branch of the plaintiffs motion which was for summary judgment against him on the issue of liability.

Ordered that the order is reversed, on the law, with costs, and that branch of the motion is denied.

In opposing summary judgment on the issue of liability, the appellant contends, inter alia, that the plaintiff must be deemed to have retained the collateral, and now owns it, in satisfaction of the debt…

2Cases cited5 opinions

  1. Central Budget Corp. v. GarrettAppellate Division of the Supreme Court of the State of New York · 1975
  2. S. M. Flickinger Co. v. 18 Genesee Corp.Appellate Division of the Supreme Court of the State of New York · 1979
  3. Federal Deposit Insurance v. Herald Square Fabrics Corp.Appellate Division of the Supreme Court of the State of New York · 1981
  4. Mack Financial Corp. v. KnoudAppellate Division of the Supreme Court of the State of New York · 1983
  5. Industrial Equipment Credit Corp. v. GreenNew York Court of Appeals · 1984

3Cited by13 opinions

  1. Bank of China v. David C.W. ChanCourt of Appeals for the Second Circuit · 1991
  2. Marine Midland Bank v. CMR Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Coxall v. Clover Commercial Corp.Civil Court of the City of New York · 2004
  4. Kelly v. Fleet BankAppellate Division of the Supreme Court of the State of New York · 2000
  5. 108th Street Owners Corp. v. Overseas Commodities Ltd.Appellate Division of the Supreme Court of the State of New York · 1997

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