Judgment unanimously modified on the law and as modified affirmed with costs to defendant Wickwire in accordance with the following Memorandum: We agree with the court's determination to grant Wickwire summary judgment declaring that any attempt by Marine to enforce the guarantee would be time-barred. A cause of action against a surety to recover on a guarantee is governed by a six-year Statute of Limitations (CPLR 213 [2]; American Trading Co. v Fish,
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PHOENIX ACQUISITION CORP. v. CAMPCORE, INC.
182 A.D.2d 1101 (1992)
Phoenix Acquisition Corporation et al., Plaintiffs, v. Campcore, Inc., et al., Defendants, Chester Wickwire, F/N/U Dygert, Respondent-Appellant, and Marine Midland Bank, N. A., Appellant-Respondent. (Appeal No. 2.)
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
April 24, 1992
April 24, 1992
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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