In Crozier v. Sauers, 109 AD3d 507 (2d Dept 2013), the Second Department upheld the finding of the lower court that Defendant Sauers did not agree to be personally liable for the loan money, which was used by a corporation of which Defendant Sauers was an owner: The Court held: "Here, the parties understood that the funds were intended to be used for corporate purposes, were advanced to the corporation, were deposited into the corporation's account, and were actually used for corporate purposes. Furthermore, the plaintiff failed to adduce evidence that Sauers agreed to be personally responsible for repaying the loan prior to the advancement of the funds. Under the circumstances presented here, the Supreme Court's determination that Sauers agreed to be personally liable for the debt alleged by the plaintiff was not warranted by the facts (see Melius v. Breslin, 46 AD3d 524, 525, 846 NYS2d 645; see also Glazer v. Ottimo, 84 AD3d 1023, 923 NYS2d 855; Kallman v. Pinecrest Modular Homes, Inc., 81 AD3d 692, 693, 916 N.Y.S.2d 221; Knect v. Nassau County Native Ams. Inc., 41 AD3d 435, 436, 837 NYS2d 717)."