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MEDALLION FUNDING CORP. v. NORRITO

272 A.D.2d 218 (2000)

708 N.Y.S.2d 617

MEDALLION FUNDING CORP., Respondent, v. MICHAEL NORRITO et al., Appellants.

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

Decided May 23, 2000.

On plaintiff's motion for summary judgment, defendants' various defenses to the guarantee in issue were all based on their own alleged agreements with plaintiff, and properly rejected on the ground that "a party who enters into an unconditional guarantee of payment may not assert setoffs or defenses which arise independently from the guarantee" (Marcus Dairy v Jacene Realty Corp., 225 A.D.2d 528, 528-529). On defendants' motion to...

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