VALENCIA SPORTSWEAR, INC. v. D.S.G. ENTERS., INC.


237 A.D.2d 171 (1997)

655 N.Y.S.2d 13

Valencia Sportswear, Inc., Respondent, v. D.S.G. Enterprises, Inc., et al., Appellants

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

March 18, 1997


The agreements sued upon are first, a straightforward loan agreement between plaintiff and the corporate defendant providing for disbursement of the loan and its repayment in installments beginning and ending on dates certain, and second, a contemporaneously executed guarantee of repayment by the individual defendants expressly not conditioned on plaintiff's proceeding against the corporate defendant. Both the loan agreement and the guarantee are clearly instruments for the...

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