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NASSAU TRUST CO. v. BAYER

119 A.D.2d 814 (1986)

Nassau Trust Company, Respondent, v. Richard H. Bayer, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 28, 1986

Judgment affirmed, with costs.

A surety may consent to anything to which the principal debtor has the power to agree and "when he does so consent, he is not discharged because the creditor does that to which he has consented and to which lawfully he could consent" (Indianapolis Morris Plan Corp. v Karlen, 28 N.Y.2d 30, 35). In the instant case the defendant Bayer signed a guarantee which included the following provision:...

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