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WHCS REAL ESTATE LTD. P'SHIP v. 1610 O.C.R. OPERATING INC.

232 A.D.2d 548 (1996)

648 N.Y.S.2d 667

WHCS Real Estate Limited Partnership, Respondent, v. 1610 O.C.R. Operating Inc. et al., Defendants, and Dennis Riese, Appellant

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

October 21, 1996

Ordered that the order is affirmed, with costs.

A guaranty is assignable unless there is an express provision in the document prohibiting assignment (see, Stillman v Northrup, 109 N.Y. 473; 63 NY Jur 2d, Guaranty and Suretyship, § 290). Here, the guaranty provided that the appellant "unconditionally guarantees to [CrossLand Savings, FSB] and to any purchaser of the Note from you, the due performance and prompt payment * * * of all of Borrower's...

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