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Feb. 3, 2017
Case shows how coasts differ on guarantor obligations
A recent 2nd Circuit case serves as a reminder that California and New York law can differ with respect to the enforceability of waivers of defenses by a guarantor. By Kimberly A. Chi
A recent 2nd U.S. Circuit Court of Appeals case illustrates that the choice of California versus New York law may affect the enforceability of waivers of defenses by a guarantor.In 136 Field Point Circle Holding Co., LLC v. Invar Intern Holding, Inc., 644 F. App'x 10 (2d Cir. 2016), pursuant to a summary order (which does not have precedential effect), the court affirmed the lower court's decision to enforce the obligat...
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