Opinion
November 13, 1990
Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).
Plaintiff established its entitlement to summary judgment in lieu of complaint on defendants' written personal guarantees of a promissory note made by the defendant corporation by establishing execution, delivery, demand and failure to pay. (European Am. Bank Trust Co. v. Schirripa, 108 A.D.2d 684.) The defendants fail to substantiate, in evidentiary form, their conclusory contention that the promissory note upon which the underlying action was predicated was repaid, extended or satisfied by the issuance of a second promissory note in the same amount as the original note, with a different maturity date. In any event, the defendants would remain liable since their guarantees contemplated extensions, renewals and replacements of the underlying indebtedness.
Concur — Kupferman, J.P., Milonas, Rosenberger, Asch and Kassal, JJ.