NAT'L FIN. CO. v. PEREZ


244 A.D.2d 180 (1997)

663 N.Y.S.2d 852

National Financial Co., a Partnership between Interstate Mortgage Corporation and National Refinance Co., Inc., Respondent, v. Luis Perez et al., Appellants, et al., Defendants

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

November 13, 1997


We agree with the IAS Court's finding that the personal guarantees executed by defendants were primary obligations as to which defenses to the note were irrelevant and, since the guarantees were expressly applicable to obligations "now or hereafter existing, due or to become due", collateralized the 1988 note even though its underlying obligation was incurred after execution of the guarantees. It is therefore unnecessary to determine whether plaintiff established its status...

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