Opinion
May 23, 1994
Appeal from the Supreme Court, Nassau County (Lockman, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly concluded that questions of fact exist with respect to the defendant Richard Ray's continued liability as co-guarantor of a debt undertaken by the corporate defendant, Associated Planning Group, Inc. The record demonstrates that the plaintiff and the co-guarantor John Dickerson, a codefendant in this case, entered into a contract which effectively modified the corporate obligation Ray had agreed to guarantee. Under the circumstances, the Supreme Court properly denied the plaintiff's motion for summary judgment (see, Congregation Ohavei Shalom v. Comyns Bros., 123 A.D.2d 656; Schuck v. Kings Realty Co., 260 App. Div. 1021, affd 285 N.Y. 750; cf., Bier Pension Plan Trust v. Estate of Schneierson, 74 N.Y.2d 312, 316-317). Mangano, P.J., Thompson, O'Brien and Florio, JJ., concur.