Wednesday, October 19, 2016

A promise to answer for another's debt.

Practice point:  The Appellate Division reversed the motion court and dismissed the complaint in this action to recover on a personal guaranty. A promise to answer for another's debt must be in writing and signed by the party to be charged, pursuant to General Obligations Law § 5-701[a][2].  Here, as the authenticity of defendant's signature was disputed and plaintiff sought to establish its authenticity through lay witness testimony, plaintiff was required to demonstrate that the witness personally observed the execution of the guaranty, or was so familiar with defendant's signature that he could readily recognize the signature as authentic. Plaintiff offered no such evidence, and did not establish that the signature was notarized or accompanied by a certificate of acknowledgment, pursuant to CPLR 4538.

Case:  A. F. Supply Corp. v. Perfect Lock & Sec., Inc., NY Slip Op 06672 (2d Dep't October 12, 2016)

Here is the decision.

Tomorrow's issue:  An untimely summary judgment motion.