MARINE MIDLAND v. KRISTIN


141 A.D.2d 259 (1988)

Marine Midland Bank, N. A., Appellant, v. Kristin International Ltd. et al., Respondents

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

November 15, 1988


Attorney(s) appearing for the Case

Hancock & Estabrook (Thomas Buckel of counsel), for appellant.

Goldberg, Harding & Talev, P. C. (George Mitris of counsel), for respondents.

CALLAHAN, J. P., BOOMER, PINE and BALIO, JJ., concur.


DOERR, J.

The sole issue to be resolved by this appeal is whether the guarantor of the debt may waive the defense that the secured creditor failed to conduct a liquidation sale in a commercially reasonable manner. We hold that a guarantor may not waive this defense and, therefore, we affirm the order of Special Term, which denied plaintiff's motion for summary judgment in this deficiency action.

The...

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