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GRAVES v. BEAVEN

209 A.D.2d 330 (1994)

619 N.Y.S.2d 15

Thomas B. Graves et al., Appellants, v. Robert G. Beaven et al., Respondents, et al., Defendant

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

November 22, 1994

Assuming in plaintiffs' favor that New York does recognize a right to equitable exoneration between coguarantors in the absence of a special contract, i.e., a right to contribution that arises before payment of more than one's proportionate share of a joint obligation (cf., Empire Trust Co. v Bartley & Co., 258 App Div 249, 251), we would nevertheless dismiss the complaint. Plaintiffs have paid only a fraction of their proportionate share of the underlying...

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