Barclays Bank of New York, National Ass'n v. Jao

Full title: BARCLAYS BANK OF NEW YORK, NATIONAL ASSOCIATION, Appellant, v. JAMES JAO…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 31, 1994

208 A.D.2d 880 (N.Y. App. Div. 1994)

618 N.Y.S.2d 571

Opinion

October 31, 1994

Appeal from the Supreme Court, Queens County (Graci, J.).

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the defendant demonstrated the existence of a triable issue of fact by submitting evidence that there was an alteration to the guarantee upon which the plaintiff seeks recovery (see, Litwak v. Crown Beverages Corp., 133 A.D.2d 742; Trophy Prods. v. Smith, 41 A.D.2d 817; Tilden Fin. Corp. v. Muffoletto, 140 A.D.2d 603; Himan v. King Bear Auto Serv. Ctrs., 62 A.D.2d 1010, 1011). Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.