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CHASE MANHATTAN BANK v. MARCOVITZ

56 A.D.2d 763 (1977)

Chase Manhattan Bank, N. A., Respondent, v. Murray Marcovitz, Appellant

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

March 10, 1977

The defendant's agreement to pay "any and all legal and other costs and expenses" is broad enough to encompass liability for the plaintiff's attorney's fees. The defendant's guarantee is an instrument for the payment of money only within the meaning of CPLR 3213 (Rhodia, Inc. v Steel, 32 A.D.2d 753). Defendant's contention on appeal that his guarantee was fraudulently induced was not raised at Special Term and hence cannot be considered...

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