Legal Opinion
Citibank, N. A. v. Plapinger
New York Court of Appeals
Decided October 22, 1985PublishedCited by 281 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
Fraud in the inducement of a guarantee by corporate officers of the corporation’s indebtedness is not a defense to an action on the guarantee when the guarantee recites that it is absolute and unconditional irrespective of any lack of validity or enforceability of the guarantee, or any other circumstance which might otherwise constitute a defense available to a guarantor in respect of the guarantee, those recitals being inconsistent with the guarantors’ claim of reliance upon an oral representation that the lending banks were committed to extend to the corporation…
2Cases cited14 opinions
- Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
- Sabo v. DelmanNew York Court of Appeals · 1957
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Seaman-Andwall Corp. v. Wright Machine Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Seaman-Andwall Corp. v. Wright MacH. Corp.New York Court of Appeals · 1971
9 more not listed; retrieve them via the Exa API.
3Cited by281 opinions
- Commercial Money Center, Inc. v. Illinois Union InsuranceCourt of Appeals for the Sixth Circuit · 2007
- Chimart Associates v. PaulNew York Court of Appeals · 1986
- Deerfield Communications Corp. v. Chesebrough-Ponds, Inc.New York Court of Appeals · 1986
- Abrams v. DonatiNew York Court of Appeals · 1985
- Douglas E. Wall v. Csx Transportation, Inc. And Consolidated Rail Corporation, Docket No. 05-4065-CvCourt of Appeals for the Second Circuit · 2006
276 more not listed; retrieve them via the Exa API.