Merchants Bank v. Stahl
Cases that cite this one
4 later published cases cite this decision.
- Geneva Ass'n of Retired Teachers Ex Rel. Heinzman v. Geneva City School District (Appellate Division of the Supreme Court of New York 2017)
- North Fork Bank v. ABC Merchant Services, Inc. (Appellate Division of the Supreme Court of New York 2008)
- Associated Textile Rental Services, Inc. v. Xerox Corp. (Appellate Division of the Supreme Court of New York 2003)
- Commercial Tenant Services, Inc. v. First Union National Bank (Appellate Division of the Supreme Court of New York 2003)
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
—Order and judgment (one paper), Supreme Court, New York County (Elliott Wilk, J.), entered January 12, 1999, which granted plaintiffs motion for summary judgment and awarded it a total sum of $108,701.10, unanimously affirmed, without costs.
Given the terms of the guaranty executed by defendant, plaintiff lender’s failure to perfect its security interest in certain collateral allegedly including intellectual property and general intangibles would not, even if such property existed, relieve defendant of his obligations as guarantor (see, Executive Bank v Tighe, 54 NY2d 330, 333). We do not reach the argument that the lender violated an implied covenant of good faith and fair dealing since it is raised for the first time on appeal (see, Murray v City of New York, 195 AD2d 379, 381). Were we to reach it, we would find it to be without merit. We have considered defendant’s remaining arguments and find them unavailing. Concur — Rosenberger, J. P., Williams, Ellerin and Saxe, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.