LEASEWAY v. RUSHMORE & WEBER


93 A.D.2d 318 (1983)

Leaseway System Corp., Respondent, v. Rushmore & Weber, Inc., Appellant

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

May 5, 1983


Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P. C. (George F. Carpinello of counsel), for appellant.

DeGraff, Foy, Conway, Holt-Harris & Mealey (Thomas S. West of counsel), for respondent.

SWEENEY, J. P., MAIN, MIKOLL and LEVINE, JJ., concur.


CASEY, J.

On May 14, 1981, plaintiff Leaseway Systems Corp. (Leaseway) negotiated a vehicle lease agreement with Tobin Packing Company (Tobin). On the same day, defendant Rushmore & Weber, Inc., signed a guarantee of such agreement on behalf of Tobin, which provides: "The Guarantor hereby irrevocably and unconditionally guarantees to Lessor the collection of all fees, rents, charges, costs, expenses, damages and any and all other sums which by virtue...

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