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NORTH FORK BANK v. ABC MERCHANT SERVICES, INC.

49 A.D.3d 701 (2008)

853 N.Y.S.2d 633

NORTH FORK BANK, Respondent, v. ABC MERCHANT SERVICES, INC., Defendant, and RONALD CHRISTOPHER, Appellant.

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

Decided March 18, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff demonstrated its entitlement to judgment as a matter of law by establishing that the defendant Ronald Christopher unconditionally guaranteed the payment of the obligations of the defendant ABC Merchant Services, Inc. (hereinafter ABC), arising out of a promissory note which Christopher signed in his capacity as president of ABC, that ABC defaulted on its obligations under the terms...

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