Bank of New York v. LoFaso

In an action to recover on a note and guarantee, the plaintiff appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Nassau County (O’Shaughnessy, J.), entered January 11, 1989, as denied its motion for summary judgment.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion for summary judgment is granted.

In 1985, the defendant Alfonso LoFaso executed an unconditional and continuing guarantee which, by its unambiguous *476terms, prohibited change or termination except by writing. LoFaso agreed to…