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117-14 UNION TPK. ASSOCS. v. COUNTY DOLLAR CORP.

187 A.D.2d 357 (1992)

117-14 Union Turnpike Associates, L.P., Respondent, v. County Dollar Corporation et al., Appellants

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

November 17, 1992

Plaintiff established a prima facie right to recover under the guaranty by presentation of evidence regarding the execution thereof and defendants' failure to pay in accordance therewith (Banner Indus. v Key B.H. Assocs., 170 A.D.2d 246). Defendants' contention that the Partnership Agreement was modified by the decision in July 1989 to borrow, rather than make an additional equity investment, without their consent is frivolous as...

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