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IRB-BRAZIL RESSEGUROS, S.A. v. INEPAR INVESTMENTS, S.A.

3772, 603773, 603773A, 603773B, 603773C, 604448/06.

83 A.D.3d 573 (2011)

922 N.Y.S.2d 308

IRB-BRAZIL RESSEGUROS, S.A., Respondent, v. INEPAR INVESTMENTS, S.A., Defendant, and INEPAR S.A. INDUSTRIA E CONSTRUÇ ES, Appellant.

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

Decided April 26, 2011.

Plaintiff established a prima facie case on its motion for summary judgment by submitting evidence of an absolute and unconditional guarantee, the underlying debt and the guarantor's failure to perform (see Bank of Am., N.A. v Solow, 59 A.D.3d 304 [2009], lv dismissed 12 N.Y.3d 877 [2009]).

In support of its motion for summary judgment and in opposition to plaintiff's motion, IIC...

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