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SAMSUNG AM., INC. v. NOAH

209 A.D.2d 367 (1994)

619 N.Y.S.2d 260

Samsung America, Inc., Respondent, v. Sam Noah et al., Appellants

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

November 29, 1994

A prima facie right to recover under a guaranty agreement is established by showing the execution thereof and a failure to pay in accordance therewith (117-14 Union Turnpike Assocs. v County Dollar Corp., 187 A.D.2d 357). The court properly found that both requirements had been met, and we perceive no basis for setting aside the determination made by the Trial Judge, who was in the best position to evaluate the credibility of the...

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