Gutner v. Success Magazine Corp.

George H. Taylor, Jr., J.

As between the plaintiff and the corporate defendant, the former herein seeks to recover damages for breach of contract (read my memorandum deciding another motion herein, 136 Misc. 257). The individual defendant now moves for judgment upon the pleadings in his favor, upon the sole ground that the complaint does not state facts sufficient to constitute a cause of action (as to him). The bill of particulars has been considered also. (Maxherman Co., Inc., v. Alper, 210 App. Div. 389.) Said defendant’s claimed liability is predicated upon a “ guarantee ” by him signed…