Weiss v. Hagopian

—In an action against the guarantor to recover on a promissory note, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Ingrassia, J.), dated May 13, 1997, as denied that branch of its motion which was for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant’s motion which was for summary judgment dismissing the complaint is granted, and the complaint is dismissed.

*401In or about October 1989, the debtor 17 Express Mart Corp.…