Appellate Division, Fourth Department
Separate Written Contract
Deforge v. Karwoski
Appealed from Supreme Court, Onondaga County
Background: The plaintiff sought to recover damages that arose from money that was paid in his capacity as a cosigner in satisfaction of the student loan taken out by the defendant, his daughter. On appeal, the plaintiff argued that the court erred in granting the defendant’s cross-motion for summary judgment, granted his motion and awarded him damages in the sum of $4,132.08 plus interest from the date in which he paid the loan along with costs and disbursements incurred in bringing the action.
Ruling: The Appellate Division reversed the court’s order, denied the defendant’s cross motion, reinstated the plaintiff’s complaint and granted the plaintiff’s motion for summary judgment. The court held that as a cosigner, he was a surety and thus was equitably entitled to full indemnity against the consequences of default of the defendant. The Appellate Division disagreed with the court’s determination that a separate written contract was needed to recover from the defendant.
Anthony P. Adorante of Adorante, Turner & Assoc. for the plaintiff-appellant; Lawrence Brown for the defendant-respondent