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WHITE ROSE FOOD v. SALEH

99 N.Y.2d 589 (2003)

788 N.E.2d 602

758 N.Y.S.2d 253

WHITE ROSE FOOD et al., Respondents, v. BILLY SALEH, Appellant.

Court of Appeals of the State of New York.

Decided February 18, 2003.

Attorney(s) appearing for the Case

Howard R. Birnbach, Great Neck, for appellant.

Finkel Goldstein Berzow Rosenbloom & Nash, LLP, New York City (Charles Fischer, Harvey L. Goldstein and Peter L. Reilly of counsel), for respondents.

Before: Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs. The certified question should not be answered as the Appellate Division order is final and thus the certified question is unnecessary.

On September 30, 1994, JMS Food Corp., owned by appellant's brother, Samir Saleh, gave a promissory note to respondents whereby JMS agreed to pay an existing debt of $305,430. The note was secured by an interest in...

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