Mackler v. Burke

In an action, inter alia, to recover upon a personal guaranty, the plaintiffs appeal, as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Westchester County (Colabella, J.), entered May 30, 2002, as granted that branch of the defendant’s motion for summary judgment which was to dismiss the first cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.

On July 9, 1987, the plaintiff Bernard Mackler, through his employee-defined benefit plan and at the recommendation of the defendant Thomas Burke, invested $75,000 in a…