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TRI-LAND PROPERTIES, INC. v. 115 WEST 28TH STREET CORP.

269 A.D.2d 264 (2000)

703 N.Y.S.2d 120

TRI-LAND PROPERTIES, INC., Respondent, v. 115 WEST 28TH STREET CORP. et al., Appellants, et al., Defendant.

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

Decided February 17, 2000.

It is clear that the guaranty executed by Dube on the promissory note, which defined holders as, inter alia, any transferees, was not a special guarantee, since it permitted any holder to bring suit against the guarantor. Therefore, Dube's intended obligations have not been enlarged (cf., Fehr Bros. v Scheinman, 121 A.D.2d 13, 15-16).

Furthermore, in view of overwhelming support in the appraisal for a market value...

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