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665-75 ELEVENTH AVENUE REALTY CORP. v. SCHLANGER

265 A.D.2d 270 (1999)

697 N.Y.S.2d 270

665-75 ELEVENTH AVENUE REALTY CORP., Appellant, v. JANET L. SCHLANGER, as Personal Representative of the Estate of MARTIN SCHLANGER, Deceased, Respondent.

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

Decided October 28, 1999.

The facts are undisputed. On or about October 13, 1987, Factice, Inc., a closely-held family-owned company, entered into a written lease with plaintiff-landlord 665-75 Eleventh Avenue Realty Corp. The original lease was executed by defendant's decedent Martin Schlanger, in his capacity as president of Factice. Simultaneously, he also executed a separate written guaranty, which provided in pertinent part: "The Guarantor further agrees that this guaranty shall remain and continue...

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