PANISH v. RUDOLPH


282 A.D.2d 233 (2001)

723 N.Y.S.2d 442

KAREN PANISH, Appellant, v. DANIEL RUDOLPH, Respondent.

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

Decided April 5, 2001.


Plaintiff, an assignee of a mortgage note and guaranty from Emigrant Funding Corporation, as well as a co-guarantor of the obligation evidenced by the note, seeks to enforce the guaranty against defendant, a co-guarantor of the same obligation. Plaintiff, however, in her capacity as a co-guarantor, may only recover against defendant, in his capacity as co-guarantor of the same obligation, by means of a cause of action for contribution (see, Backman v Hibernia Holdings...

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