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MILLIKEN & CO. v. GANS

82 A.D.2d 781 (1981)

Milliken & Company, Appellant, v. Howard B. Gans, Respondent

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

June 25, 1981

The facts presented and documented by plaintiff, that Gans unconditionally guaranteed the debts of Global Woolens Corporation and that Global owed plaintiff over $4,300 were unrefuted by any facts presented by Gans. Although under the circumstances of this case, the guarantor Gans had the right to avail himself of any defense available to Global (Walcutt v Clevite Corp., 13 N.Y.2d 48, 55-57), a search of the record fails to reveal...

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