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  5. 101 A.D.2d 102 (1984)
 

GMAC v. KALKSTEIN

101 A.D.2d 102 (1984)

General Motors Acceptance Corporation, Plaintiff, v. Melvin Kalkstein et al., Defendants and Third-Party Plaintiffs-Respondents. General Motors Corp., Pontiac Division, Third-Party Defendant-Appellant

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

April 17, 1984

Attorney(s) appearing for the Case

Barrington D. Parker, Jr., of counsel (Kim J. Landsman and C. Dennis Davenport with him on the brief; Parker Auspitz Neesemann & Delehanty, P. C., and Elmer W. Johnson, attorneys), for third-party defendant-appellant.

Stuart F. Gartner of counsel (Kenneth A. Bloom with him on the brief; O'Donnell, Fox, Gartner & Sobolewski, P. C., attorneys), for defendants and third-party plaintiffs-respondents.

KUPFERMAN, SANDLER and ALEXANDER, JJ., concur with MURPHY, P. J.; MILONAS, J., dissents in an opinion.

MURPHY, P. J.

Plaintiff General Motors Acceptance Corporation (GMAC) sues to recover $79,914.29 upon the written guarantee made by defendants Marvin and Bernice Kalkstein. The Kalksteins unconditionally guaranteed the performance and payment of the full indebtedness of Blair Pontiac, Inc. (Blair), to GMAC. Marvin was president of and owned all the stock in Blair; Bernice was an officer in Blair. The guarantee...

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