METAL MANAGEMENT, INC. v. ESMARK INCORPORATED


49 A.D.3d 333 (2008)

854 N.Y.S.2d 6

METAL MANAGEMENT, INC., Appellant, v. ESMARK INCORPORATED et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 11, 2008.


Plaintiff has not established its prima facie entitlement to accelerated judgment pursuant to CPLR 3213. Its claim, based on a guaranty, requires resort to external documents, since the guarantor guaranteed the punctual payment when due of all payment obligations pursuant to each purchase order and payment of the guaranteed obligations strictly in accordance with the terms of each purchase order, and the purchase orders required that invoices be issued, that the goods furnished...

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