Appellate Division of the Supreme Court of New York, 1981

Mel Wood Products, Inc. v. Kores

Appellate Division of the Supreme Court of New York · Decided May 4, 1981

81 A.D.2d 830; 438 N.Y.S.2d 829; 1981 N.Y. App. Div. LEXIS 11489

Cases that cite this one

3 later published cases cite this decision.

Bank of America, N.A. v. Integrated Construction Management, Inc. (Appellate Division of the Supreme Court of New York 2010)
Fleet National Bank v. Marrazzo (Appellate Division of the Supreme Court of New York 2005)
Congress Factors Corp. v. Meinhard Commercial Corp. (New York Supreme Court 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

— In an action, inter alia, upon a guarantee, plaintiff appeals from an order of the Supreme Court, Rockland County, entered October 24, 1980, which denied its motion for summary judgment. Order reversed, on the law, with $50 *831costs and disbursements, and motion granted. The liability of a guarantor of a corporate debt is not affected by the institution of bankruptcy proceedings involving the corporation (see Union Trust Co. of Rochester v Willsea, 275 NY 164; Matter of Nine North Church St., 82 F2d 186). Since plaintiff’s moving papers established its prima facie right to relief and defendant failed to controvert any of the allegations in plaintiff’s papers, summary judgment should have been granted to plaintiff (see Kuehne & Nagel v Baiden, 36 NY2d 539, 544; Braun v Hudson Park Co-op. Apts., 78 AD2d 667). Mollen, P. J., Margett, O’Connor and Weinstein, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.