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WEISSMAN v. SINORM DELI

88 N.Y.2d 437 (1996)

669 N.E.2d 242

646 N.Y.S.2d 308

Mark Weissman, Respondent, v. Sinorm Deli, Inc., Defendant, and Richard A. Cummings et al., Appellants.

Court of Appeals of the State of New York.

Decided June 11, 1996.

Attorney(s) appearing for the Case

Tressler, Soderstrom, Maloney & Priess, New York City (Donald M. Bernstein of counsel), for appellants.

Capell & Vishnick, Lake Success (Bernard Vishnick and Alan Roger Pollack of counsel), for respondent.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

Chief Judge KAYE.

Two questions lie at the heart of this appeal. First, is the indemnification sued on an "instrument for the payment of money only" within CPLR 3213? Second, is the indemnification a guaranty by the individual defendants of the corporation's obligation? We answer both questions in the negative: the individual defendants' indemnification is neither "an instrument for the payment of money only...

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