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SCHULMAN v. WESTCHESTER MECH. CONTRACTORS, INC.

56 A.D.2d 625 (1977)

Lowell M. Schulman, Doing Business as Schulman Investment Company, Respondent, v. Westchester Mechanical Contractors, Inc., Defendant, and Edward S. Richter, Appellant

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

February 22, 1977

Order affirmed, with $50 costs and disbursements.

Appellant's contentions that he never intended to make a personal guarantee and that, in any event, there was no consideration to support the guarantee, are irrelevant on his motion to dismiss pursuant to CPLR 3211 (subd [a], pars 5, 7). As to the defense of the Statute of Frauds (see CPLR 3211, subd [a], par 5), appellant's signature is on the contract. The...

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