MERRIMAKER CORP. v. SCHWARTZ


60 A.D.2d 822 (1978)

Merrimaker Corporation, Respondent, v. Stella Schwartz, as Agent for 245 Associates, Appellant

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

January 19, 1978


Unanimously modified, on the law, to the extent of denying the motion for summary judgment, reinstating the second affirmative defense and the third affirmative defense and counterclaim, and otherwise affirmed, without costs or disbursements.

Stella Schwartz "as agent" entered into a contract to purchase certain real property from Alexander M. Frame and Anthony Kissling (F & K). A rider to the contract provided that F & K would execute a personal guarantee...

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