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SUFFOLK CEMENT PRODS., INC. v. EMPIRE CONCRETE ENTERS., INC.

234 A.D.2d 447 (1996)

650 N.Y.S.2d 801

Suffolk Cement Products, Inc., Respondent, v. Empire Concrete Enterprises, Inc., et al., Defendants, and Miguel Inacio, Appellant

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

December 16, 1996

Ordered that the judgment is affirmed, with costs.

In applying for a credit account with the plaintiff, the appellant and the defendant Julio Fernandes, as vice-president and president, respectively, personally guaranteed any debt of their corporation, the defendant Empire Concrete Enterprises Inc. (hereinafter Empire), incurred at any time and in whatever form it may be evidenced. Although Empire subsequently paid its account by executing a promissory note for $60...

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