AMERICAN CYBERSYSTEMS, INC. v. GLOBAL RISK MANAGEMENT, LLC

Nos. 6884, 602425/09.

95 A.D.3d 632 (2012)

943 N.Y.S.2d 883

2012 NY Slip Op 3869

AMERICAN CYBERSYSTEMS, INC., Respondent, v. GLOBAL RISK MANAGEMENT, LLC, et al., Defendants, and DAVID C. ZAKHEIM, Appellant.

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

Decided May 17, 2012.


The IAS Court properly denied the motion to dismiss the third cause of action for rent and other charges allegedly owed under a document executed by defendant Zakheim, guaranteeing the payment of all charges owed by defendant Global Risk Management, LLC to the nonparty overtenant under a sublease. Subsequent to the execution of the guaranty, the overtenant assigned the lease to plaintiff. Given that the limited guaranty contained no express provision prohibiting assignment...

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