JP Morgan Chase Bank, N.A. v. Cellpoint Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to enforce a guaranty, the plaintiff appeals from an order of the Supreme Court, Queens County (Elliot, J.), dated *367September 10, 2007, which granted the defendant’s motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint as barred by the statute of frauds.
Ordered that the order is reversed, on the law, with costs, and the motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint is denied.
The plaintiff JP Morgan Chase Bank, N.A. (hereinafter Chase) commenced this action to enforce an alleged guaranty by the defendant, Cellpoint Inc., doing business as Cellpoint, Inc.…
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