Appellate Division of the Supreme Court of New York, 1997

National Financial Co. v. Perez

National Financial Co. v. Perez
Appellate Division of the Supreme Court of New York · Decided November 13, 1997
244 A.D.2d 180; 663 N.Y.S.2d 852; 1997 N.Y. App. Div. LEXIS 11395
National Financial Co. v. Perez

Opinion of the Court

—Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered July 22, 1996, awarding plaintiff the principal sum of $76,748.44, unanimously affirmed, without costs.

We agree with the IAS Court’s finding that the personal guarantees executed by defendants were primary obligations as to which defenses to the note were irrelevant and, since the guarantees were expressly applicable to obligations “now or hereafter existing, due or to become due”, collateralized the 1988 note even though its underlying obligation was incurred after execution of the guarantees. It is therefore unnecessary to determine whether plaintiff established its status as a holder in due course. Concur—Murphy, P. J., Rosenberger, Ellerin, Rubin and Tom, JJ.

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