GENERAL TRADING CO., INC. v. A & D FOOD CORP.


292 A.D.2d 266 (2002)

738 N.Y.S.2d 845

GENERAL TRADING CO., INC., Respondent, v. A & D FOOD CORP. et al., Appellants.

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

Decided March 21, 2002.


The motion court properly found the individual defendants liable on their guarantee. The guarantee, which states that it is absolute and unconditional and that the guarantors waive the right to interpose any defenses, effectively waived the defenses of fraud in the inducement and failure of consideration defendants would now raise (see, e.g., Citibank v Plapinger, 66 N.Y.2d 90, 92-93;...

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