MFRS. & TRADERS TRUST CO. v. SULLIVAN


188 A.D.2d 1023 (1992)

Manufacturers & Traders Trust Company, Respondent, v. Paul M. Sullivan, Defendant, and George J. Ferraro et al., Appellants

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

December 30, 1992


Order and judgment unanimously reversed on the law without costs and motion denied.

Memorandum:

We reject the contentions of defendants Ferraro, McNally and O'Connell that factual issues exist whether plaintiff Bank fraudulently induced their execution of personal guaranties and whether the Bank failed to protect and preserve certain collateral. Each guaranty expressly provides that the guarantor's obligations are independent of any duty plaintiff may have...

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