Opinion
June 1, 1998
Appeal from the Supreme Court, Richmond County (J. Leone, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The appellants are the original corporate maker and the individual guarantors on a series of promissory notes held by the plaintiff. They contend that their obligations to pay the balance owed on the promissory notes were obviated by an alleged assumption of the notes by the defendant Duffy Disposal Co. They also contend for the first time on appeal, that they were discharged from liability when the plaintiff allegedly extended the time in which Duffy Disposal Co. had to pay the notes and/or reduced the total amount owed on the notes.
Contrary to the appellants' contention, the Supreme Court correctly determined that the alleged assumption of the promissory notes by Duffy Disposal Co. did not effect a novation whereby the appellants were released from their obligations under the notes. The consent form signed by the plaintiff with respect to the alleged assumption reflects his unequivocal intent to continue the appellants' obligations ( see, Matter of Union Indem. Ins. Co., 234 A.D.2d 120; Mountainview Realty Assocs. v. Stark, 190 A.D.2d 602; S L Paving Corp. v. MacMurray Tractor, 61 Misc.2d 90; see also, Central Trust Co. Rochester v. Bagliore, 78 A.D.2d 764).
Furthermore, the appellants' contentions that they were discharged from liability by the alleged extension of the time of payment and/or the alleged reduction of the total amount owed, are unpreserved for appellate review ( see, First Intl. Bank v. Blankstein Son, 59 N.Y.2d 436, 447; St. John Assocs. Engrs. v. Chase Architectural Assocs., 106 A.D.2d 743; cf., Capital Med. Sys. v. Fuji Med. Sys., 239 A.D.2d 743; Block v. Magee, 146 A.D.2d 730). In any event, the contentions are without merit ( see, General Obligations Law §§ 5-1103 Gen. Oblig., 15-301 Gen. Oblig.; UCC 3-606 U.C.C.; Bier Pension Plan Trust v. Estate of Schneierson, 74 N.Y.2d 312; Becker v. Faber, 280 N.Y. 146, 152; Olmstead v. Latimer, 158 N.Y. 313; H.P.I. Intl. v. Kronen, 203 A.D.2d 325).
Santucci, J. P., Joy, Florio and McGinity, JJ., concur.