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BANK OF AMERICA, N.A. v. SOLOW

59 A.D.3d 304 (2009)

874 N.Y.S.2d 48

BANK OF AMERICA, N.A., Respondent, v. SHELDON H. SOLOW, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 24, 2009.

Plaintiff demonstrated its entitlement to summary judgment by establishing the existence of a guaranty and submitting an affidavit of nonpayment (see JPMorgan Chase Bank, N.A. v Complete Envtl. Servs., Inc., 21 Misc.3d 1113[A], 2008 NY Slip Op 52062[U] [Sup Ct, Nassau County 2008]). The guaranty was absolute and unconditional, expressly waived demand or presentment and was expressly made a primary obligation of the defendant, so that no formal demand, beyond the motion...

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