White Rose Food v. Saleh

Crane, J.,

dissents in part and votes to reverse the judgment entered April 6, 2001, and to dismiss the action with costs to the appellant, but concurs in the dismissal of the appeal from the order dated February 21, 2001. It is pellucidly clear that a guarantor is released from a guarantee if the terms of the underlying obligation are modified without the consent of the guarantor (see generally, Bier Pension Plan Trust v Estate of Schneierson, 74 NY2d 312, 315; Becker v Faber, 280 NY 146, 148-149; Midland Steel Warehouse Corp. v Godinger Silver Art, 276 AD2d 341, 343; Central Fed. Sav. & Loan…