The plaintiff brought a motion for summary judgment to enforce personal guarantees executed by the individual defendants for the corporate defendant's debt of over $2.3 million.
The corporate defendant was in receivership.
The individual defendants raised numerous defenses, including an alleged oral agreement to waive the guarantees, breach of a subordination agreement, and a counterclaim for unpaid rebates and damages for forcing the company into receivership.
The court rejected all defenses, finding no genuine issue requiring a trial, and granted summary judgment while dismissing the counterclaim.
