BANCO DO COMMERCIO E INDUSTRIA DE SAO PAOLO v. ESUSA ENGENHARIA E CONSTRUCOES


173 A.D.2d 340 (1991)

Banco Do Commercio E Industria De Sao Paolo S.A., Respondent, v. Esusa Engenharia E Construcoes S.A. et al., Appellants

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

May 23, 1991


The individual defendants herein, citizens of Brazil, unconditionally agreed to guarantee payment of a promissory note executed by a now bankrupt Brazilian corporation, defendant Esusa Engenharia e Construcoes S.A. On this appeal, defendants argue that the New York courts lack personal jurisdiction over them and therefore may not adjudicate the action on the guarantee.

It is well settled that parties to an agreement may...

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