Given the terms of the guaranty executed by defendant, plaintiff lender's failure to perfect its security interest in certain collateral allegedly including intellectual property and general intangibles would not, even if such property existed, relieve defendant of his obligations as guarantor (see, Executive Bank of Fort Lauderdale v. Tighe, 54 N.Y.2d 330, 333). We do not reach the argument that the lender violated an implied covenant of good faith and fair dealing since it is raised for the first time on appeal (see, Murray v. City of New York, 195 A.D.2d 379, 381). Were we to reach it, we would find it to be without merit.
We have considered defendant's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.