EXECUTIVE BANK v. TIGHE


54 N.Y.2d 330 (1981)

Executive Bank of Fort Lauderdale, Florida, Respondent-Appellant, v. George A. Tighe et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided November 23, 1981.


Attorney(s) appearing for the Case

William W. Owens for appellants-respondents.

Frank M. Headley, Jr., and Robert P. Dohn for respondent-appellant.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


MEYER, J.

The guarantor of a promissory note is not released by the payee bank's failure to file a financing statement covering the collateral posted by the debtor when the note contains provisions which permit the bank to reduce or release collateral. Nor is the bank obliged, after its security interest has been invalidated in the payor's bankruptcy proceeding, to give the guarantor notice that the intended...

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