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UNITED ORIENT BANK v. LEE

223 A.D.2d 500 (1996)

637 N.Y.S.2d 96

United Orient Bank, Respondent, v. Bao Lee et al., Appellants

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

January 30, 1996

The IAS Court properly granted plaintiff summary judgment on the guarantees as defendants failed to present evidence warranting a trial (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562). As the guarantees contained waivers of all defenses other than payment, defendants were precluded from asserting claims of release (see, Citibank v Plapinger, 66 N.Y.2d 90). Even if such...

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