MERCHS. BANK OF NEW YORK v. KLUGER


221 A.D.2d 289 (1995)

634 N.Y.S.2d 467

Merchants Bank of New York, Appellant, v. Max Kluger et al., Respondents

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

November 30, 1995


In May 1987, each defendant executed a written guarantee of the payment of all liabilities of K&K Craftsmen Inc. It is not disputed that the guarantees were continuing, applicable to after-acquired obligations and unconditional. Pursuant to the terms of the documents, defendants could terminate their obligations "only upon written notice to that effect delivered by the undersigned to the Bank and duly receipted for by it." Defendants in the trial court relied exclusively...

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