WIENER v. HAN


291 A.D.2d 297 (2002)

737 N.Y.S.2d 290

DANIEL WIENER, Respondent, v. TAE HAN et al., Defendants, and SHUNG C. GHIM et al., Appellants.

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

Decided February 19, 2002.


Appellants argue that the IAS court, in granting plaintiff summary judgment upon their guarantees, erred in failing to credit them for their lease security deposit. The argument, however, is without merit, since under the terms of both the subject lease and guarantees, plaintiff was entitled to apply the defendants' security deposit to posteviction rent of the tenant, which obligation was not secured by the guarantees. Moreover, appellants' guarantee was expressly "independent...

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