United States Second Circuit

In an action to enforce an agreement guaranteeing a debt, judgment for plaintiffs is vacated where the Consent Clause of the agreement constituted advance consent to the Second Amendment establishing a new payment schedule for the debt, defendant's obligations as Guarantor were not discharged by the adoption of the Second Amendment, and the payment schedule in the Second Amendment controlled.

Appellate Information

• Argued 08/07/2007
• Decided 04/01/2010
• Published 04/01/2010

Judges

• PER CURIAM:, Before: CALABRESI, RAGGI, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Susan R. Nudelman, Dix Hills, NY, for Plaintiffs-Appellees., Howard W. Burns, Jr., New York, NY, for Defendant-Appellant.