December 4, 1990 Appeal from the Supreme Court, New York County (Irma Vidal Santaella, J.). This case involves an action for moneys due for goods sold and delivered to the corporate defendant AWI Associates Inc., and on the alleged personal guarantees of the individual defendants. The central issues concern whether two agreements, dated October 20, 1988 and January 20, 1989, constituted, as plaintiff contends, modification agreements of a contract dated March 21, 1988 and whether the individual defendants
Decided September 9, 1993 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Edward S. Conway, J. Friedman Manning, P.C., Delmar (Michael P. Friedman of counsel), for appellant. Maynard, O'Connor Smith, Albany (Arete K. Sprio of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be reversed, with costs, and defendant hospital's motion for summary judgment denied. It is well settled that proponents of motions for summary judgment