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BRAE ASSET FUND, L.P. v. NEWMAN

742 A.2d 986 (1999)

327 N.J. Super. 129

BRAE ASSET FUND, L.P., Plaintiff-Respondent, v. Philip A. NEWMAN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 30, 1999.

Attorney(s) appearing for the Case

Christopher E. Hartmann, Roseland, for defendant-appellant (Ravin, Sarasohn, Cook, Baumgarten, Fisch & Rosen, P.C., attorneys; Mr. Hartmann, on the brief).

David H. Stein, Newark, for plaintiff respondent (Duane, Morris & Heckscher, attorneys; Mr. Stein, on the brief).

Before Judges LANDAU, KIMMELMAN and ARNOLD.

The opinion of the court was delivered by KIMMELMAN, J.A.D.

Defendant Philip A. Newman appeals from a summary judgment order entered June 24, 1998, adjudicating his liability on two guaranty agreements, in the amounts of $1,000,000 and $47,238.49 respectively, for a total of $1,047,238.49. On appeal defendant contends that, notwithstanding the unconditional and absolute wording of the guaranties which he executed, his defenses of willful misconduct on the part of...

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