Shire Realty Corp. v. Schorr

Suozzi, J. (dissenting).

I dissent and vote to (1) modify the order appealed from by denying plaintiffs’ motion for summary judgment and (2) reverse the judgment.

I would have no difficulty in holding the defendants personally liable on their guarantee for the full amount awarded by the arbitrators, but only after an appropriate judicial determination has been made, following a full trial, as to the issues of whether the surety agreement was entered into without consideration and whether the surety agreement was a result of economic duress applied by the plaintiffs, as alleged by the defendants…