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METRO-GOLDWYN-MAYER, INC. v. KATZKA

50 A.D.2d 730 (1975)

Metro-Goldwyn-Mayer, Inc., Appellant, v. Gabriel Katzka et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 2, 1975

Stevens, P. J., dissents in the following memorandum:

I dissent and would reverse and grant plaintiff's motion for summary judgment, with costs. The guarantee sued upon is an instrument for the payment of money only within the meaning of CPLR 3213. The guarantee by its terms is absolute and unconditional and is a guarantee of payment. Defendants contend that plaintiff acted in bad faith and prevented performance of certain agreements by the principal...

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