SELLMORE INDUSTRIES, INC. v. ENERGY SAVERS OF WNY, INC.


265 A.D.2d 927 (1999)

695 N.Y.S.2d 804

SELLMORE INDUSTRIES, INC., Respondent, v. ENERGY SAVERS OF WNY, INC., et al., Defendants, and ROBERT BIEBER, Appellant.

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

Decided October 1, 1999.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of Robert Bieber (defendant) for summary judgment dismissing the complaint against him. The record establishes that, on December 28, 1993, defendant executed an unconditional guarantee of the indebtedness of defendant Energy Savers of WNY, Inc. There is no merit to the contention of defendant that his liability as a guarantor terminated upon the subsequent incorporation...

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