Community National Bank & Trust Co. v. Cognetta

— In an action against a surety, inter alia, upon his guarantee of payment of corporate obligations, plaintiff appeals from an order of the Supreme Court, Richmond County (Rubin, J.), dated September 2, 1981, which denied its motion for partial summary judgment on its first and third causes of action. Order modified, on the law, by granting partial summary judgment as to liability on the third cause of action. As so modified, order affirmed, without costs or disbursements. The assessment of damages with respect to the third cause of action, pursuant to CPLR 3212 (subd [c]), shall be deferred…