THOR GALLERY AT SOUTH DEKALB, LLC v. RELIANCE MEDIAWORKS (USA) INC.

1855, 654003/13.

143 A.D.3d 498 (2016)

2016 NY Slip Op 06657

39 N.Y.S.3d 16

THOR GALLERY AT SOUTH DEKALB, LLC, Appellant, v. RELIANCE MEDIAWORKS (USA) INC., Formerly Known as ADLABS FILMS USA, INC., Respondent.

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

Decided October 11, 2016.


Contrary to the findings of the motion court, plaintiff established prima facie the existence of the lease and the guaranty, through an affidavit by its CFO, and the tenant's failure to pay the rent, the amount of the underpayment, and the calculation of the amounts due under the lease, through the CFO's affidavit and an affidavit by plaintiff's manager of accounts receivable, which included a table of all payments by the tenant (see Reliance Constr. Ltd. v Kennelly,<...

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