CALDWELL FARMS, INC. v. DIAHER SUPERMARKET, INC.


170 A.D.2d 1046 (1991)

Caldwell Farms, Inc., Respondent, v. Diaher Supermarket, Inc., et al., Defendants, and Fernando Batista, Appellant

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

February 1, 1991


Order unanimously reversed on the law with costs, motion granted and complaint dismissed.

Memorandum:

Supreme Court erred in denying the motion of defendant Fernando Batista for summary judgment dismissing the complaint as against him. Batista, in connection with a milk supply agreement between plaintiff and defendant Diaher Supermarket, Inc., personally guaranteed "payment of all bills, and the obligation described in paragraphs five and six [of the agreement...

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