Kohanoff v Calabro
2014 NY Slip Op 03927 [117 AD3d 646]
May 29, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 2, 2014


[*1]
 Siamak Kohanoff, Respondent,
v
Thomas Calabro, Appellant, et al., Defendants.

Law Offices of Michael G. Mc Auliffe, Melville (Vincent M. Lentini of counsel), for appellant.

Law Office of Steven Cohn, P.C., Carle Place (Jeffrey H. Weinberger of counsel), for respondent.

Judgment, Supreme Court, New York County (O. Peter Sherwood, J.), entered January 18, 2013, to the extent it awards plaintiff damages as against defendant Thomas Calabro, unanimously reversed, on the law, with costs, and the judgment vacated. The Clerk is directed to dismiss the complaint as against Calabro.

Plaintiff and defendants Bakhshi and Movtady agreed to extend the maturity dates of loans that defendant Calabro had agreed to guarantee, without obtaining Calabro's consent. Calabro is thus relieved of his obligation as a guarantor (Bier Pension Plan Trust v Estate of Schneierson, 74 NY2d 312, 315-316 [1989]). Concur—Tom, J.P., Moskowitz, DeGrasse, Richter and Kapnick, JJ.