NatWest Bank N.A. v. Grauberd

Summary judgment should have been denied on the ground that triable issues of fact were raised as to the commercial reasonableness of plaintiff bank’s conduct regarding the preservation of its collateral, which included assets of the Pan-American Diamond Corp. ("PAD”) (see, Marine Midland Bank *338v CMR Indus., 159 AD2d 94). Contrary to plaintiff bank’s assertion, a lender’s obligation to deal in a commercially reasonable manner with collateral securing a loan may not be waived by a guarantor as a matter of law (see, supra, at 106-107; Weinsten v Fleet Factors Corp., 210 AD2d 74).

Defendants…