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KENSINGTON HOUSE COMPANY v. ORAM

293 A.D.2d 304 (2002)

739 N.Y.S.2d 572

KENSINGTON HOUSE COMPANY, Appellant, v. MARK C. ORAM et al., Respondents.

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

Decided April 9, 2002.

Where, as here, a creditor seeks summary judgment upon a written guaranty, the creditor need prove no more than an absolute and unconditional guaranty, the underlying debt, and the guarantor's failure to perform under the guarantee (City of New York v Clarose Cinema Corp., 256 A.D.2d 69, 71). These conditions of recovery have been satisfied by plaintiff. While the guaranty here at issue...

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