Legal Opinion
Cooperatieve Centrale Raiffeisen-Boerenleenbank, B.A. v. Francisco Javier Herrera Navarro
New York Court of Appeals
Decided June 11, 2015No. 54PublishedCited by 127 opinions
1Opinion of the Court
OPINION OF THE COURT
Rivera, J.
On this appeal, defendant guarantor seeks to avoid liability as provided under an “unconditional and absolute” guaranty in favor of plaintiff, on grounds that the default judgment against him, which constitutes the subject underlying debt, was obtained by plaintiff’s collusion. We conclude the Appellate Division properly held that defendant’s collusion claim constitutes a defense, barred by the express language of the guaranty, and, in any event, that his claim of collusion is contradicted by the record. Therefore, we affirm.
L
Defendant Francisco Herrera Navarro…
2Cases cited21 opinions
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- Citibank, N. A. v. PlapingerNew York Court of Appeals · 1985
- General Phoenix Corp. v. CabotNew York Court of Appeals · 1949
- Weissman v. Sinorm Deli, Inc.New York Court of Appeals · 1996
- Quadrant Structured Products Co. v. VertinNew York Court of Appeals · 2014
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3Cited by127 opinions
- 136 Field Point Circle Holding Co. v. Invar International Holding, Inc.Court of Appeals for the Second Circuit · 2016
- PDL Biopharma, Inc. v. WohlstadterAppellate Division of the Supreme Court of the State of New York · 2017
- Roopchand v. MohammedAppellate Division of the Supreme Court of the State of New York · 2017
- 27 W. 72nd St. Note Buyer LLC v. TerziAppellate Division of the Supreme Court of the State of New York · 2021
- Sarfati v. PalazzoloAppellate Division of the Supreme Court of the State of New York · 2016
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