Narrative Opinion Summary
Miguel Inacio appeals a judgment from the Supreme Court, Suffolk County, in favor of the plaintiff for $44,483.12, stemming from a guaranty agreement. The appeal follows an order granting the plaintiff's motion for summary judgment on a specific cause of action. The notice of appeal is considered premature regarding the judgment. Inacio and another defendant, Julio Fernandes, had personally guaranteed debts incurred by their corporation, Empire Concrete Enterprises Inc., when applying for a credit account. Although Empire later executed a $60,000 promissory note not personally guaranteed by Inacio, it defaulted on this note. The language of the guaranty clearly encompasses any debt owed by Empire to the plaintiff, and Inacio does not dispute his signature on the guaranty or the corporation's default. As a result, the court found it appropriate to grant summary judgment against Inacio. The judgment is affirmed with costs.
Legal Issues Addressed
Guaranty Agreement Enforcementsubscribe to see similar legal issues
Application: The court enforced the guaranty agreement against Inacio, as he did not dispute his signature or the corporation's default, which the guaranty covered.
Reasoning: The language of the guaranty clearly encompasses any debt owed by Empire to the plaintiff, and Inacio does not dispute his signature on the guaranty or the corporation's default.
Interpretation of Guaranty Languagesubscribe to see similar legal issues
Application: The court interpreted the guaranty language as encompassing all debts of the corporation, including those not explicitly listed, affirming the plaintiff's claim.
Reasoning: The language of the guaranty clearly encompasses any debt owed by Empire to the plaintiff.
Premature Notice of Appealsubscribe to see similar legal issues
Application: The appeal notice was considered premature concerning the judgment, affecting the timing and procedural aspects of the appeal.
Reasoning: The notice of appeal is considered premature regarding the judgment.
Summary Judgment Standardsubscribe to see similar legal issues
Application: The court granted summary judgment in favor of the plaintiff based on the undisputed terms of the guaranty agreement.
Reasoning: The appeal follows an order granting the plaintiff's motion for summary judgment on a specific cause of action.