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Daily Archives: Monday, April 12, 2021

Posted: April 12, 2021

Waiver of Defenses in Guaranty Prevented Guarantor From Asserting Affirmative Defenses to Guaranty’s Enforcement

On March 31, 2021, the Second Department issued a decision in Capital One Taxi Medallion Fin. v. JEB Mgt. Corp., 2021 NY Slip Op. 01960, holding that the waiver of defenses in a guaranty prevented the guarantor from asserting affirmative defenses to the guaranty’s enforcement, explaining: On a motion for summary judgment to enforce a... Read more »