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EUROPEAN AMERICAN BANK v. SURGICAL CONSULTANTS, P.C.

308 A.D.2d 419 (2003)

764 N.Y.S.2d 693

EUROPEAN AMERICAN BANK, Respondent, v. SURGICAL CONSULTANTS, P.C., Defendant, and PETER J. CORINES, Appellant.

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

Decided September 30, 2003.

Given a guarantee that is "absolute and unconditional in all events and not dischargeable or affected by any circumstance which may constitute a legal or equitable discharge," a counterclaim that is not "inextricably intertwined with, or inseparable from" plaintiff's main claim cannot serve as a setoff against plaintiff's main claim, or otherwise forestall judgment thereon (see Banco do Estado de Sao Paulo v Mendes Jr. Intl. Co., 249 A.D.2d 137

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