Opinion
June 1, 1993
Appeal from the Supreme Court, Suffolk County (Jones, J.).
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
We find that the guarantor has not raised any triable issue of fact by his defenses and counterclaims, with the exception of the commercial reasonableness of the disposition of the principal's inventory, since the guarantor expressly waived his right to interpose counterclaims, defenses, and rights of setoff of any kind (see, European Am. Bank v. Lofrese, 182 A.D.2d 67; New Jersey Bank v. Varano, 120 A.D.2d 505, 505-506). Accordingly, partial summary judgment should have been granted on the issue of liability against the guarantor.
As the plaintiff concedes, the guarantor's remaining contentions regarding the appropriate disposition of Marco's inventory are issues to be heard at the trial of damages (see, Color Mate v. Chase Manhattan Bank, 168 A.D.2d 534; Chrysler Credit Corp. v. Kosal, 132 A.D.2d 686, 687; New Jersey Bank v Varano, supra). Lawrence, J.P., O'Brien, Ritter and Santucci, JJ., concur.