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I BLDG, INC. v. CHEUNG

LT-84401-15/NY.

137 A.D.3d 478 (2016)

26 N.Y.S.3d 463

2016 NY Slip Op 01587

I BLDG, INC., Respondent, v. HONG MEI CHEUNG, Appellant.

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

Decided March 8, 2016.

Guaranties and leases are separate documents; the former impose obligations on the guarantors and the latter impose obligations on the landlord and the tenant (see Park Towers S. Co., LLC v 57 W. Operating Co., Inc., 96 A.D.3d 443 [1st Dept 2012]). When a guarantor is sued on the guaranty, as is the case here, he or she cannot raise a claim or defense which is personal to the principal debtor, such as breach of the principal contract...

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