Order affirmed, with $50 costs and disbursements.
Under the circumstances of this case, Special Term erred in finding that defendant Elliot failed to establish a meritorious defense. Where an individual attempts to guarantee the liability of a corporation, his personal liability for breach of contract does not attach unless he subscribes to the contract in his individual capacity (General Obligations Law, § 5-701; Steinberg v Universal Machinenfabrik GMBH...
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