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GATEWAY STATE BANK v. INTRABARTOLO

172 A.D.2d 802 (1991)

Gateway State Bank, Respondent, v. Vincent Intrabartolo, Appellant, et al., Defendants

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

April 29, 1991

Ordered that the judgment is affirmed, with costs.

In order to establish its cause of action to recover on the guaranty of payment as a matter of law, the plaintiff was required to present proof of the existence of the guaranty in question and nonpayment according to its terms (see, AMEV Capital Corp. v Kirk, 169 A.D.2d 802; Fidelity N. Y. v Hanover Cos., 148 A.D.2d 577)....

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