Opinion
June 15, 1987
Appeal from the Supreme Court, Nassau County (Winick, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff's motion is granted to the extent that the plaintiff is awarded partial summary judgment on the issue of liability, and the matter is remitted to the Supreme Court, Nassau County, for an immediate trial pursuant to CPLR 3212 (c) on the issue of damages.
By their explicit terms, the revocation of the continuing personal guarantees in question could be effected only by the sending, by registered mail, of notices of revocation to the address specified in the guarantee instruments. Since the defendants concede they did not comply with these requirements, partial summary judgment as to liability should have been granted (see, Sterling Natl. Bank Trust Co. v I.S.A. Merchandising Corp., 91 A.D.2d 571; National Bank v Stadium Prods., 47 A.D.2d 847, appeal dismissed 36 N.Y.2d 869), and an immediate trial should be held to determine the extent of damages, which remains in dispute (see, CPLR 3212 [c]).
The defendants' contention that the plaintiff should be estopped from enforcing the guarantees is without merit. Thompson, J.P., Brown, Niehoff and Spatt, JJ., concur.