Legal Opinion

Bier Pension Plan Trust v. Estate of Schneierson

New York Court of Appeals

Decided October 19, 1989PublishedCited by 60 opinions

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

Plaintiff brought this action against defendant, the estate of the surety of one Lieberman, to recover on a guarantee of Lieberman’s debt. The estate’s answer raised several defenses but on this appeal we are concerned only with the contention that it has been released from its undertaking because plaintiff altered the original contract with Lieberman.

Plaintiff alleges in its complaint that on November 1, 1983 it loaned Marvin Lieberman $280,000 for three months at 12% interest and that Joel Schneierson, defendant’s testator, guaranteed payment.* Lieberman failed…

2Cases cited11 opinions

  1. Becker v. FaberNew York Court of Appeals · 1939
  2. Olmstead v. . LatimerNew York Court of Appeals · 1899
  3. Fanning v. MurphyWisconsin Supreme Court · 1906
  4. National Park Bank v. . KoehlerNew York Court of Appeals · 1912
  5. Strong v. Sunset Copper Co.Washington Supreme Court · 1941

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3Cited by60 opinions

  1. White Rose Food v. SalehNew York Court of Appeals · 2003
  2. Mount Vernon City School District v. Nova Casualty Co.New York Court of Appeals · 2012
  3. Long Island Gynecological Services v. 1103 Stewart Avenue Associates Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 1996
  4. Tetra Technologies, Inc. v. HarterDistrict Court, S.D. New York · 1993
  5. Banco Portugues Do Atlantico v. Asland, S.A.District Court, S.D. New York · 1990

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