Key Bank of New York, N. A. v. K.H. Associates

Appeal from an order of the Supreme Court (Cardona, J.), entered September 13, 1993 in Albany County, which, inter alia, granted plaintiffs motion for summary judgment.

In this action to recover on a promissory note given to obtain a construction loan, defendants, the promisor and a guarantor, admit having executed the note and guaranty, having received $275,000 of the promised loan of $575,000 and having defaulted in repayment. In opposition to plaintiffs motion for summary judgment, the guarantor, defendant Olga B. Mahl, avers that plaintiff failed to meet its obligations under the building…