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THE BANK OF NEW YORK, APPELLANT, v. JOHN ZATOR, RESPONDENT.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly found that triable issues of fact exist as to whether the defendant should be held personally liable on the guarantee (see, Star Video Entertainment, LP v. J I Video Distrib., 268 A.D.2d 423; Florence Corp. v. Penguin Constr. Corp., 227 A.D.2d 442).

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BANK OF NEW YORK v. ZATOR
(Jul 24, 2000)