BARCLAYS BANK OF NEW YORK, NAT'L ASS'N v. JAO


208 A.D.2d 880 (1994)

618 N.Y.S.2d 571

Barclays Bank of New York, National Association, Appellant, v. James Jao, Respondent

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

October 31, 1994


Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the defendant demonstrated the existence of a triable issue of fact by submitting evidence that there was an alteration to the guarantee upon which the plaintiff seeks recovery (see, Litwak v Crown Beverages Corp., 133 A.D.2d 742; Trophy Prods. v Smith, 41 A.D.2d 817; Tilden Fin. Corp....

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