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...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.