MAR & MYLES, INC. v. ESQUIRE MKTG. INC.


190 A.D.2d 578 (1993)

Mar & Myles, Inc., Respondent, v. Esquire Marketing Inc. et al., Defendants, and Ahmed Rateb, Appellant

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

February 11, 1993


The IAS Court properly granted plaintiff summary judgment on defendant's guaranty of rent payments under an office lease. Defendant's vague allegations about an unidentified potential subtenant for the lease did not create a triable issue of fact, given that the prospective tenant is not even identified. Nor is there merit to defendant's claim that plaintiff wrongfully evicted the tenant in the face of plaintiff's documentary proof showing that plaintiff obtained a final...

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