M. GILSTON, INC. v. ULLMAN


45 Misc.2d 6 (1965)

M. Gilston, Inc., Plaintiff, v. James Ullman et al., Defendants.

District Court of Nassau County.

January 19, 1965


Attorney(s) appearing for the Case

Lowenstein, Pitcher, Hotchkiss & Parr for plaintiff. Gerald H. Ullman for defendants.


FRANCIS J. DONOVAN, J.

Plaintiff moves for a summary judgment pursuant to CPLR 3213 on an unconditional guarantee of a promissory note. The guarantee itself is labeled "unconditional guarantee," and provides that action may be brought against the guarantor without first having proceeded against the maker of the note. It also provides that nothing shall discharge the guarantor from liability except full payment of the note.

Defendant submits no...

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