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JP MORGAN CHASE BANK, N.A. v. CELLPOINT INC.

54 A.D.3d 366 (2008)

JP MORGAN CHASE BANK, N.A., Appellant, v. CELLPOINT INC., Doing Business as CELLPOINT, INC., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

August 12, 2008.

Ordered that the order is reversed, on the law, with costs, and the motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint is denied.

The plaintiff JP Morgan Chase Bank, N.A. (hereinafter Chase) commenced this action to enforce an alleged guaranty by the defendant, Cellpoint Inc., doing business as Cellpoint, Inc. (hereinafter Cellpoint). The guaranty was set forth in a stipulation of settlement executed in an unrelated...

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