Langeveld v. L. R. Z. H. Corp.

*58Conford, P. J. A. D.,

Temporarily Assigned, concurring in part and dissenting in part. I am in agreement with the Court’s determination that summary judgment should not have been entered for plaintiff. I take issue, however, with the Court’s failure to direct the entry of summary judgment in favor of defendant on the ground of impairment by plaintiff of the collateral for defendant’s obligation as surety on the note in suit.

There is some support in the history of the adoption of Section 3.606 of the Uniform Commercial Code for defendant’s contention that its intent was to entitle a surety to…