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CHEM. BANK v. NEMEROFF

233 A.D.2d 239 (1996)

650 N.Y.S.2d 110

Chemical Bank, Respondent, v. Eileen Nemeroff, Individually and as Executrix of Kenneth Nemeroff, Deceased, Defendant, and Ira Salk, Appellant

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

November 21, 1996

As the guaranty in question is an instrument for the payment of money only, and since there is no dispute that there has been a default in payment of the corresponding loan, the guaranty was properly enforced pursuant to CPLR 3213 (Seaman-Andwall Corp. v Wright Mach. Corp., 31 A.D.2d 136, 137, affd 29 N.Y.2d 617; Key Bank v Munkenbeck, 162 A.D.2d 503

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