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CITICORP USA, INC. v. PM HOLDINGS, LLC

29 A.D.3d 363 (2006)

813 N.Y.S.2d 659

CITICORP USA, INC., Respondent, v. PM HOLDINGS, LLC, et al., Defendants, and C. READ MORTON, JR., Appellant.

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

May 11, 2006.

Morton's guaranty is absolute and unconditional, and waives "[a]ny and all defenses to payment." This precludes his argument that the November 2001 amendment to the loan agreement impermissibly modified the guaranty (see 117-14 Union Turnpike Assoc. v County Dollar Corp., 187 A.D.2d 357 [1992]). Were we to reach that argument, we would uphold his advance consent in the guaranty to any modifications or amendments of

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