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HOTEL 71 MEZZ LENDER LLC v. MITCHELL

63 A.D.3d 447 (2009)

880 N.Y.S.2d 67

HOTEL 71 MEZZ LENDER LLC, Respondent, v. GUY T. MITCHELL, Appellant et al., Defendants.

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

Decided June 4, 2009.

Plaintiff met its burden of establishing prima facie that it made a loan to Chicago H & S Senior Investors, LLC, that Mitchell executed a personal guaranty of repayment of the loan in the event of Chicago H & S's default, and that Chicago H & S defaulted on the loan (see Eastbank v Phoenix Garden Rest., 216 A.D.2d 152 [1995], lv denied 86 N.Y.2d 711 [1995]). Both the guaranty and the subsequent forbearance agreement...

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