STERLING NATIONAL BANK v. BIAGGI


47 A.D.3d 436 (2008)

849 N.Y.S.2d 521

STERLING NATIONAL BANK, Respondent, v. MARIO J. BIAGGI, JR., Appellant, et al., Defendants.

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

Decided January 10, 2008.


The written personal guaranty of the subject loan executed by Biaggi unequivocally provides that: (1) it is absolute and unconditional in all respects and enforceable irrespective of any other agreements or circumstances which might otherwise constitute a defense to the guaranty and obligation of the guarantor under the loan agreement; (2) the guarantor absolutely, unconditionally and irrevocably waives any and all rights to assert any defense, set-off, counterclaim or cross...

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