MFRS. & TRADERS TRUST CO. v. S.W.U. ASSOCS., INC.


105 A.D.2d 1118 (1984)

Manufacturers and Traders Trust Company, Appellant, v. S.W.U. Associates, Inc., et al., Defendants, and Rita Upson, Respondent

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

November 7, 1984


Order unanimously reversed, without costs, and motion granted.

Memorandum:

In this action seeking recovery upon a written guarantee of a corporate indebtedness, plaintiff appeals from that part of an order which denied its motion for summary judgment against defendant Rita Upson. She concedes that she executed the guarantee but asserts that the nature of the instrument was misrepresented to her by her husband, a coguarantor and a principal in the corporation...

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