Panish v. Rudolph

—Order, Supreme Court, New York County (Barry Cozier, J.), entered June 26, 2000, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, with costs.

Plaintiff, an assignee of a mortgage note and guaranty from Emigrant Funding Corporation, as well as a co-guarantor of the obligation evidenced by the note, seeks to enforce the guaranty against defendant, a co-guarantor of the same obligation. Plaintiff, however, in her capacity as a co-guarantor, may only recover against defendant, in his capacity as co-guarantor of the same…