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SARFATI v. PALAZZOLO

650183/13, 1728, 1727.

142 A.D.3d 877 (2016)

37 N.Y.S.3d 537

MARK SARFATI, Respondent, v. FRANK PALAZZOLO, Appellant.

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

Decided September 27, 2016.

Plaintiff established prima facie the existence of the guaranty executed by defendant, the underlying debt, and defendant's failure to perform under the guaranty (see Cooperatieve Centrale Raiffeisen-Boerenleenbank, B.A., "Rabobank Intl.," N.Y. Branch v Navarro, 25 N.Y.3d 485, 492 [2015]), by submitting the "Guaranty and Assignment of Loan Transactions Agreement," the stock purchase agreement setting forth the terms of the purchase...

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