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RHODIA v. NAT STEEL (06/10/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


June 10, 1969

RHODIA, INC., APPELLANT,
v.
NAT STEEL, RESPONDENT

Concur -- Eager, J. P., Capozzoli, McGivern, McNally and Steuer, JJ.

The unconditional guarantee is an instrument for the payment of money only within the meaning of CPLR 3213. (Seaman-Andwall Corp. v. Wright Mach. Corp., 31 A.D.2d 136.) The defenses sought to be asserted are insufficient as a matter of law. The defense of economic duress is without factual basis. The defense based on defects in the merchandise sold to the principal debtor is not available to the respondent-guarantor. (Elliott v. Brady, 192 N. Y. 221.) The documentary evidence establishes the amount of defendant's indebtedness, as well as defendant-respondent's liability therefor. Settle order on notice.

Disposition

Order entered December 11, 1968, unanimously reversed on the law, with $50 costs and disbursements to the appellant, and the motion for summary judgment in the sum of $15,817.30 plus interest is granted.

19690610

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