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ABSOLUTE FINANCIAL SERVICES, LLC v. 535 BROADHOLLOW REALTY LLC

304 A.D.2d 682 (2003)

757 N.Y.S.2d 757

ABSOLUTE FINANCIAL SERVICES, LLC, Respondent, v. 535 BROADHOLLOW REALTY LLC, Defendant, and TED DOUKAS, Appellant.

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

Decided April 21, 2003.

Ordered that the order is affirmed, with costs.

On the parties' prior appeal, this Court stated that "[t]he obligor under a contract cannot assign obligations under the contract without the consent of the obligee" (Absolute Fin. Servs. v 535 Broadhollow Realty, 292 A.D.2d 327, 328 [2002]). Contrary to the appellant's contentions, he failed to demonstrate, prima facie, that the plaintiff consented to substitute new guarantors...

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