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April 23, 2021

eBook details

Title: Key Bank Long Island v. Thomas R. Burns
Author : Supreme Court of New York
Release Date : January 11, 1990
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 70 KB

Description

DECISION & ORDER This action arises out of a default on a loan by the plaintiff to the defendant Thomas Burns. The payment
of Mr. Burns's debt to the plaintiff was guaranteed by the defendants Nelly Burns, Mary Munkenbeck, George Munkenbeck, Jr.,
and Andrew Levy. Summary judgment should have been granted as against Mr. Burns and the above named defendants. The plaintiff
made out a prima facie case as against these defendants by submitting proof of the note, the guarantees, and the failure to
make payment in accordance with their terms (see, Kornfeld v NRX Technologies, 93 A.D.2d 772, affd 62 N.Y.2d 686; CPLR 3213). The arguments now advanced by the Munkenbecks were not advanced before the Supreme Court and may not be asserted for the
first time on appeal (see, Empire Indust. Sys. Corp. v Northeastern Bank of Pa., 144 A.D.2d 429). We note, in any event, that
their contentions are belied by the record and are without merit.

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