I recently handled a case where a lender moved for for summary judgment on a guaranty. We opposed the motion there was a material dispute of fact as to whether the guarantors were third-party beneficiaries of a secondary guaranty from the SBA, and thus the liability of my clients and the amount due were not clear. Here is an exception from my brief: Read more

Sometimes when you have a duty to perform either by agreement or contract, it simply cannot be done because the other party hasn’t done their part or has prevented you from doing yours. Clearly this can be frustrating, and fortunately New York law protects us from this. Take a quick look at this excerpt from a brief to see how the frustration of performance defense applies in court. Read more

Have you ever wondered if you were tricked or duped into signing a guaranty or now feel surprised by some hidden terms you didn’t know about when you signed? Well, here is the standard in New York to determine if there was any deceptive or misleading conduct that may get you off the hook: Read more