DOUMAK, INC. v. WESTGATE FIN.


4 A.D.3d 62 (2004)

776 N.Y.S.2d 1

J.P. DOUMAK, INC., Respondent, v. WESTGATE FINANCIAL CORP., Appellant.

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

February 19, 2004.


Attorney(s) appearing for the Case

Lennon & Klein, P.C. (David P. Lennon of counsel), for respondent.

Strassberg & Strassberg, P.C. (Todd Strassberg of counsel), for appellant.

BUCKLEY, P.J., and ROSENBERGER, J., concur with FRIEDMAN, J.; NARDELLI and ANDRIAS, JJ., dissent in a separate opinion by ANDRIAS, J.


OPINION OF THE COURT

FRIEDMAN, J.

In May 2000, plaintiff J.P. Doumak, Inc. (Doumak) entered into an agreement to sell a quantity of fabric to John Michaels, Inc. (Michaels). To facilitate this sale, Michaels procured the issuance by defendant Westgate Financial Corp. (Westgate) of an instrument denominated a "Guaranty," dated June 22, 2000. The "Guaranty" set forth Westgate's commitment to pay Doumak the purchase price for the fabric upon Doumak's presentation...

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