Ordered that the order is affirmed insofar as appealed from, with costs.
On July 9, 1987, the plaintiff Bernard Mackler, through his employee-defined benefit plan and at the recommendation of the defendant Thomas Burke, invested $75,000 in a bond offering sponsored by the Jim Waters Corp. (hereinafter JWC). In a "Guaranty Note" signed on July 30, 1987, Burke promised to pay Mackler for any loss sustained to the principal of the investment, limited to 50% of the $75...
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