Kohanoff v Calabro

Kohanoff v Calabro 2014 NY Slip Op 03927 Decided on May 29, 2014 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

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Kohanoff v Calabro

2014

ny

03927

12609 653369/11

This opinion is uncorrected and subject to revision before publication in the printed Official Reports.

Decided on May 29, 2014

Tom, J.P., Moskowitz, DeGrasse, Richter, Kapnick, JJ.

12609 653369/11

[*1] Siamak Kohanoff,

Plaintiff-Respondent,

—

Thomas Calabro,

Defendant-Appellant,

Ameritrust Mortgage Bankers, Inc., et al.,

Defendants.

Law Offices of Michael G. Mc Auliffe, Melville (Vincent M. Lentini of counsel), for appellant.

Law Office of Steven Cohn, P.C., Carle Place (Jeffrey H. Weinberger of

Judgment, Supreme Court, New York County (O. Peter Sherwood, J.), entered January 18, 2013, to the extent it awards plaintiff damages as against defendant Thomas Calabro, unanimously reversed, on the law, with costs, and the judgment vacated. The Clerk is directed to dismiss the complaint as against Calabro.

Plaintiff and defendants Bakhshi and Movtady agreed to extend the maturity dates of loans that defendant Calabro had agreed to guarantee, without obtaining Calabro's consent.

Calabro is thus relieved of his obligation as a guarantor (Bier Pension Plan Trust v Estate of Schneierson , 74 NY2d 312, 315-316 [1989]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 29, 2014

CLERK