Legal Opinion

Guardsman Lease Plan, Inc. v. Gibraltar Transmission Corp.

New York Supreme Court

Decided August 2, 1985PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Daniel F. Luciano, J.

This is an action to recover upon a guarantee.

The plaintiff is the lessor of two hydraulic lifts. The lessee, Main Transmission Corp. (Main), which is not named as a party in this action, has defaulted in making payments under the lease. In addition Main, in some fashion, transferred the hydraulic lifts to a nonparty, its former landlord, and the lifts have not been retrieved.

The "company guarantee” dated "3/31/81” executed by the defendant upon which this action is based provides:

"Gibraltar Transmission Corporation guarantees to see that Main…

2Cases cited17 opinions

  1. Nau v. Vulcan Rail & Construction Co.New York Court of Appeals · 1941
  2. National Equipment Rental, Ltd. v. Priority Electronics Corp.District Court, E.D. New York · 1977
  3. Davis Brothers v. Misco Leasing, Inc.Court of Appeals of Texas · 1974
  4. Grace v. Sterling, Grace & Co.Appellate Division of the Supreme Court of the State of New York · 1968
  5. Indianapolis Morris Plan Corp. v. KarlenNew York Court of Appeals · 1971

12 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Orix Credit Alliance, Inc. v. James Pappas and Parashevic PappasCourt of Appeals for the Seventh Circuit · 1991
  2. In Re Edison Bros. Stores, Inc.United States Bankruptcy Court, D. Delaware · 1997
  3. In Re OwenUnited States Bankruptcy Court, N.D. New York · 1998
  4. Tucker Leasing Capital Corp. v. Marin Medical Management, Inc.District Court, E.D. New York · 1993
  5. Credit Car Leasing Corp. v. DeCresenzoCivil Court of the City of New York · 1988

3 more not listed; retrieve them via the Exa API.

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