WHALEN, J.
This is a motion for summary judgment. The plaintiffs proceed on a written guaranty executed by this defendant, guaranteeing the payment of the dividend on the preferred stock of Crosse Blackwell, Inc. The defense set forth in the affidavit in opposition is that Crosse Blackwell, Inc., has been dissolved, and, therefore, the guaranty is no longer operative.
At the argument I was of the opinion that it will be an issue of fact as to whether or not the extinction of Crosse Blackwell, Inc., was brought about in good faith or otherwise. I have since read the cases cited by the defendant, and these cases confirm that view, namely, Mason v. Standard, etc., Co. ( 85 A.D. 520); Lorrillard v. Clyde ( 142 N.Y. 456); Columbus Trust Co. v. Moshier ( 51 Misc. 270; affd., 121 A.D. 906; affd., 193 N.Y. 660); Stannard v. Reid Co. ( 114 A.D. 135, 136). This issue as to the good faith of the defendant is a matter that cannot be determined upon affidavits, but must be disposed of after a trial.
The motion will, therefore, be denied.