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OAK BEVERAGES, INC., Respondent, v. IRVING EHRLICH, Appellant, et al., Defendant.

Ordered that the judgment is affirmed, with costs.

The court properly granted the plaintiff's motion for summary judgment and properly denied the appellant's cross motion for summary judgment. The appellant signed a continuing guaranty that "is in the nature of a continuing offer to guarantee a series of debts" (see, Delaware Funds v. Zuckerman-Honickman, Inc., 43 A.D.2d 889; see also, Brewster Tr. Mix Corp. v. McLean, 169 A.D.2d 1036) and never revoked the guaranty to the creditor. Thus, upon the default of the debtor, the appellant, as the guarantor, is liable for payment on the debt (see, Chemical Bank v. Wasserman, 37 N.Y.2d 249; Brewster Tr. Mix Corp. v. McLean, supra; see also, Chemical Bank v. Sepler, 60 N.Y.2d 289; USI Capital Leasing v Chertock, 172 A.D.2d 235). Rosenblatt, J.P., Hart, Krausman and Goldstein, JJ., concur.

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OAK BEVERAGES, INC. v. EHRLICH
(Feb 5, 1996)