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HIRSCH v. RIFKIN

166 A.D.2d 293 (1990)

James Hirsch et al., Appellants, v. Herman Rifkin et al., Respondents

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

October 18, 1990

The guarantee sued upon referred to an underlying note for an explanation of the "Guaranteed Indebtedness". That note in turn incorporated the terms and conditions of an underlying stock sale agreement. Plaintiffs were concededly in breach of certain representations and warranties made in that stock sale agreement, which involved liabilities potentially in excess of the indebtedness under the note. Where an instrument sued upon...

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