187 A.D.2d 357 | N.Y. App. Div. | 1992
Judgment, Supreme Court, New York County (William Davis, J.), entered March 26, 1992, upon an order of the same court, entered March 20, 1992, granting plaintiff’s motion for summary judgment in an action based upon a guaranty, unanimously affirmed, with costs.
Plaintiff established a prima facie right to recover under the guaranty by presentation of evidence regarding the execution thereof and defendants’ failure to pay in accordance therewith (Banner Indus. v Key B.H. Assocs., 170 AD2d 246). Defendants’ contention that the Partnership Agreement was modified by the decision in July 1989 to borrow, rather than make an additional equity investment, without their consent is frivolous as each had a direct or indirect significant interest in the partnership, and each personally guaranteed the borrowing. The interrelationship of the partners and guarantors is readily apparent (see, Marine Midland Bank v Smith, 482 F Supp