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VANDERGRAND PROPS. CO., L.P. v. WARNOCK

Index No. 150336/20, Appeal No. 16246, Case No. 2022-00732.

206 A.D.3d 597 (2022)

172 N.Y.S.3d 14

2022 NY Slip Op 04229

Vandergrand Properties Co., L.P., Respondent, v. Susan Warnock, Defendant, and Robert Becker, Appellant.

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

Decided June 30, 2022.

Attorney(s) appearing for the Case

The Shell Law Firm, PLLC, New York (Martin A. Shell of counsel), for appellant.

Rivkin Radler LLP, New York (Henry M. Mascia of counsel), for respondent.

Concur—Kapnick, J.P., Friedman, Moulton, Shulman, Pitt, JJ.

Plaintiff established prima facie that defendant Robert Becker breached his guaranty of payment of the rent and other amounts payable by tenant Thirteenth Floor Group, LLC under a commercial lease agreement by submitting evidence of the absolute and unconditional guaranty, the tenant's debt, and Becker's failure to perform under the guaranty (see Kensington House Co. v Oram, 293 A.D.2d 304 [1st Dept 2002]).

In opposition...

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