Legal Opinion

O'Brien Bros.' Partnership, LLP v. Plociennik

Supreme Court of Vermont

Decided September 28, 2007No. 06-125PublishedCited by 3 opinions

1Opinion of the CourtDooley, J.

¶ 1. Defendant, Wioletta Plociennik, appeals a declaratory judgment that she is liable under a personal guaranty to plaintiff, O’Brien Brothers’ Partnership, LLP, for the lease obligation of Leroy Arts and Products, Inc. (“Leroy”).’* Defendant contends that the personal guaranty accompanying the original lease agreement did not apply to the subsequent lease agreements. We agree and reverse.

¶ 2. On April 7, 1999, defendant, in her capacity as president of Leroy, signed a two-year lease with plaintiff for a building of 15,400 square feet. By its terms, the lease commenced on May 1, 1999 and…

2Cases cited25 opinions

  1. Dunn Industrial Group, Inc. v. City of Sugar CreekSupreme Court of Missouri · 2003
  2. Isbrandtsen v. North Branch Corp.Supreme Court of Vermont · 1988
  3. Morrisseau v. FayetteSupreme Court of Vermont · 1995
  4. Kipp v. Chips EstateSupreme Court of Vermont · 1999
  5. White Rose Food v. SalehNew York Court of Appeals · 2003

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3Cited by3 opinions

  1. O'BRIEN BROTHERS'P'SHIP, LLP v. PlociennikSupreme Court of Vermont · 2007
  2. Choiniere v. MarshallVermont Superior Court · 2013
  3. MFW Associates, LLC v. Snowdance, LLCVermont Superior Court · 2010

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