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EXTEBANK v. MARCO GROUP, INC.

194 A.D.2d 516 (1993)

599 N.Y.S.2d 973

Extebank, Appellant, v. Marco Group, Inc., Defendant, and Stuart Sloane, Respondent

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

June 1, 1993

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

We find that the guarantor has not raised any triable issue of fact by his defenses and counterclaims, with the exception of the commercial reasonableness of the disposition of the principal's inventory, since the guarantor expressly waived his right to interpose counterclaims, defenses, and rights of setoff of any kind (see, European Am. Bank v Lofrese,

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