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COOPERATIEVE B.A. v. NAVARRO

No. 54

25 N.Y.3d 485 (2015)

36 N.E.3d 80

15 N.Y.S.3d 277

2015 NY Slip Op 04753

COOPERATIEVE CENTRALE RAIFFEISEN-BOERENLEENBANK, B.A., "RABOBANK INTERNATIONAL," NEW YORK BRANCH, Respondent, v. FRANCISCO JAVIER HERRERA NAVARRO, Appellant, et al., Defendant.

Court of Appeals of New York.

Decided June 9, 2015.

Attorney(s) appearing for the Case

Curtis, Mallet-Prevost, Colt & Mosle LLP, New York City ( T. Barry Kingham and Francesca M. Erts of counsel), for appellant.

Haynes and Boone LLP, New York City ( Jonathan D. Pressment and Yelena Kotlarsky of counsel), for respondent.

Chief Judge LIPPMAN and Judges READ, PIGOTT, ABDUS-SALAAM, STEIN and FAHEY concur.

OPINION OF THE COURT

On this appeal, defendant guarantor seeks to avoid liability as provided under an "unconditional and absolute" guaranty in favor of plaintiff, on grounds that the default judgment against him, which constitutes the subject underlying debt, was obtained by plaintiff's collusion. We conclude the Appellate...

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