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BANK OF CHINA, CHINATOWN BRANCH v. CHUNG TAI ENTER. (U.S.A.), INC.

202 A.D.2d 306 (1994)

609 N.Y.S.2d 216

Bank of China, Chinatown Branch, Respondent-Appellant, v. Chung Tai Enterprise (U.S.A.), Inc., et al., Defendants, and Chung Hom, Appellants-Respondents

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

March 22, 1994

Summary judgment in lieu of complaint was properly granted with regard to defendants Hom, Ng, Liu and Wang since each signed an unconditional personal guarantee and failed to make payment upon proper demand (see, Rhodia, Inc. v Steel, 32 A.D.2d 753). Moreover, the asserted defenses of fraud in the inducement and lack of consideration fail to create issues of fact since said defenses were insufficiently substantiated (see...

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