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FLORENCE CORP. v. PENGUIN CONSTR. CORP.

227 A.D.2d 442 (1996)

642 N.Y.S.2d 697

Florence Corporation, Respondent, v. Penguin Construction Corp., Defendant, and Harry Campbell, Appellant

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

May 13, 1996

Ordered that the judgment is affirmed, with costs.

Contrary to the contention of the defendant Harry Campbell, the plaintiff established its entitlement to judgment as a matter of law by demonstrating that the credit agreement executed by Campbell expressly and unambiguously made him a co-obligor thereunder, notwithstanding the fact that he signed it in his corporate capacity (see, Brewster Tr. Mix Corp. v McLean...

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