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KEN JOHNSON et al., Appellants, v. SOCIÉTÉ GÉNÉRALE S.A., Respondent.

Plaintiff investors' factual allegations failed to support a claim that they were entitled to legal recourse against defendant guarantor based on its guaranty of the nonparty debtor's alleged payment obligations owed to plaintiffs ( see generally Robinson v Robinson, 303 AD2d 234, 235; Kalmanash v Smith, 291 NY 142, 154 [1943]). The amended complaint essentially acknowledges that there is no definitive sum owed plaintiffs by the debtor, and that a trial on plaintiffs' claims against the debtor would be necessary to determine such sum, if any ( see generally Phoenix Acquisition Corp. v Campcore, Inc., 81 NY2d 138, 141-142; Midland Steel Warehouse Corp. v Godinger Silver Art, 276 AD2d 341, 343-344). Plaintiffs' "belie[f]" that the debtor might owe them $1,000,000 in payments on their investments is entirely speculative and unsupported. Accordingly, no obligation can be said to have accrued against the guarantor here.

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JOHNSON v. SOCIÉTÉ
(Jan 27, 2011)