People v. Salemi

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• agreeing with the proposition the guarantor is not a debtor under the Code
• credit company made prima facie showing that it was entitled to judgment under guaranty by establishing existence of guaranty and amount owed on underlying debt
• “in the absence of waiver or estoppel[,] we see no reason why a guarantor may not assert [a] ‘commercially reasonable’ defense which would be available to his principal”
• trial court may consider admissible portions of affidavits while disregarding inadmissible portions
• “the mere fact that the affidavits in question might contain certain averments which could be characterized as conclusions . . . did not prohibit the trial judge from considering the admissible parts thereof and from granting summary judgment if appropriate”

Source: CourtListener parenthetical corpus (CC0).