Appellate Division of the Supreme Court of the State of New York October 1, 1999 (Sellmore Industries, Inc. v. Energy Savers of WNY, Inc.)

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of Robert Bieber (defendant) for summary judgment dismissing the complaint against him. The record establishes that, on December 28, 1993, defendant executed an unconditional guarantee of the indebtedness of defendant Energy Savers of WNY, Inc.