Hyperlawhypertext legal database Kohanoff v. Calabro 117 A.D.3d 646

← Cases

Kohanoff v. Calabro

117 A.D.3d 646 Court N.Y. App. Div. Decision date 2014-05-29 English

Judges Concur—Tom, J.E, Moskowitz, DeGrasse, Richter and Kapnick, JJ.

Contents

Majority

p. 646
Siamak Kohanoff, Respondent, v Thomas Calabro, Appellant, et al., Defendants.
[986 NYS2d 333]

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]).

Concur—Tom, J.E, Moskowitz, DeGrasse, Richter and Kapnick, JJ.

Cases cited