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BANCO DO ESTADO DE SAO PAULO v. MENDES JUNIOR INT'L CO.

249 A.D.2d 137 (1998)

672 N.Y.S.2d 28

Banco Do Estado De Sao Paulo S.A., Respondent-Appellant, v. Mendes Junior International Company et al., Appellants-Respondents

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

April 21, 1998

Although the motion court did not address the viability of defendants' fraudulent inducement defense, we note that the guaranty in the integrated loan documents was both "absolute and unconditional" and was enforceable "irrespective of * * * any other circumstances which might constitute a defense" and, accordingly, was "not [to be] affected or discharged by the unenforceability for any reason" of the loan agreement and accompanying...

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