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TILDEN OF NEW JERSEY, INC. v. REGENCY LEASING SYS., INC.

237 A.D.2d 431 (1997)

655 N.Y.S.2d 962

Tilden of New Jersey, Inc., Respondent, v. Regency Leasing Systems, Inc., et al., Respondents, and Jerry Kessler, Appellant

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

March 17, 1997

Ordered that the order is affirmed, with costs.

Inasmuch as the action against the defendant Jerry Kessler is based upon a personal guaranty, the action is not brought against him "by reason of the fact that he * * * was a director or officer of the corporation" within the meaning of that phrase as employed in Business Corporation Law § 722 (a). Accordingly, the Supreme Court properly denied the motion seeking indemnification pendente lite pursuant to Business...

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