SEOULBANK, NEW YORK AGENCY v. D & J EXPORT & IMPORT CORP.


270 A.D.2d 193 (2000)

707 N.Y.S.2d 12

SEOULBANK, NEW YORK AGENCY, Respondent, v. D & J EXPORT & IMPORT CORP. et al., Defendants, and BAEK SUN LEE, Appellant.

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

Decided March 30, 2000.


Baek Sun Lee's contention that this action is barred by the applicable six-year Statute of Limitations was properly rejected. The limitations period on a guaranty does not commence until the principal, here D & J Export & Import Corp. (D & J), is in default (Bayside Fuel Oil Depot Corp. v Savino Oil & Heating Co., 133 A.D.2d 658; see also, Columbus Trust Co. v Campolo, 110 A.D.2d 616

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