The IAS Court, in granting summary judgment, properly determined that defendant-appellant Finkelstein, as the guarantor of the promissory note issued by defendant Concord, had waived the defense of fraud in the inducement of the underlying agreement and the guarantee. Appellant is barred from asserting the defense as a matter of law based upon the absolute and unconditional disclaimer and waiver contained in the personal guarantee which specifically precluded the guarantor...
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