31 A.D.2d 844 | N.Y. App. Div. | 1969
—. Appeal by plaintiff from a judgment of the Supreme "Court, Suffolk County, entered March 5, 1968 after a nonjury trial, which dismissed the complaint. Judgment affirmed, with costs. No opinion. Beldock, P. J., Christ, Rabin and Martuscello, JJ., concur; Benjamin, J., dissents and votes to reverse the judgment and to grant judgment to plaintiff, with the following memorandum: Plaintiff, an attorney at law, brought this action in equity to restrain and enjoin defendant from enforcing a judgment entered in its favor against him in the Civil Court of the City of Hew York, County of Hew York, on July 27, 1965 in the sum of $1,889. The soles question is the construction of a written guarantee by plaintiff of a debt and the effect on such guarantee .of a settlement by the debtor with the creditor reached in a bankruptcy proceeding. The debtor tenant and the creditor landlord entered into a written lease dated . October 27, 1964. The terms of the lease provided for the payment of $450 per month for the months of Hovember and December, 1964, and January and February, 1965, which is one 'half of the agreed rental of $900 per month, The balance of $450 per month for these first four months was to be paid by the tenant to the landlord monthly, in May, June, July and August, 1965. Under the terms of the lease, plaintiff guaranteed payment of the deferred portions of the rent for the months of Hovember and December, 1964, and January and February, 1965, amounting in all to the sum of $1,800. The