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BANK OF INDIA v. SANGHVI

224 A.D.2d 347 (1996)

638 N.Y.S.2d 309

Bank of India, Respondent, v. Rasendu Sanghvi et al., Appellants, et al., Defendants

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

February 27, 1996

The IAS Court properly granted summary judgment since plaintiff established a prima facie case for foreclosure of the 1988 mortgage and defendants failed to raise viable defenses or triable issues of material fact (see, East N. Y. Sav. Bank v 924 Columbus Assocs., 216 A.D.2d 118). The unconditional guarantee specifically provided that the guarantors waived all defenses and counterclaims (cf., Goodridge v Fernandez...

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