HSBC BANK USA v. IPO, LLC


290 A.D.2d 246 (2002)

735 N.Y.S.2d 531

HSBC BANK USA, as Successor in Interest to MARINE MIDLAND BANK, Respondent, v. IPO, LLC, et al., Defendants, and LOUIS SHIH, Appellant.

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

Decided January 8, 2002.


Plaintiff sues on a defaulted loan initially negotiated in 1997 and guaranteed unconditionally, by the individual defendants, in early 1998. Later that year the lending arrangement was substantially modified, without further mention of personal guaranties. The modification placed a greater obligation on the corporate debtor, and required plaintiff to apply the proceeds of amassed collateral to outstanding indebtedness on at least a weekly basis.

The existence of a...

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