SAGARIA v. BANK OF NEW YORK COMPANY, INC.


52 A.D.3d 802 (2008)

861 N.Y.S.2d 376

JOHN SAGARIA et al., Appellants, v. BANK OF NEW YORK COMPANY, INC., Respondent, et al., Defendants.

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

Decided June 24, 2008.


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

The plaintiff John Sagaria, the president of the plaintiff J & J Computing, Inc. (hereinafter JJ), obtained a series of loans from the defendant Bank of New York Company, Inc. (hereinafter BNY). As collateral for the loans, Sagaria pledged the assets of JJ. He also executed personal guarantees. Sagaria subsequently defaulted on the loans, and BNY obtained a judgment against both Sagaria and...

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