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BRONX STORE EQUIPMENT CO., INC. v. WESTBURY BROOKLYN ASSOCIATES

16 A.D.3d 119 (2005)

791 N.Y.S.2d 16

BRONX STORE EQUIPMENT CO., INC., Doing Business as BRONX BUILDERS, Respondent, v. WESTBURY BROOKLYN ASSOCIATES, L.P., et al., Defendants, and CAFÉ CONCEPTS, INC., Appellant.

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

March 1, 2005.

Plaintiff is a construction company that built a restaurant for the defaulting defendants (collectively Westbury); appellant (Café Concepts) is a corporation that acts as managing agent for Westbury's various restaurants. Plaintiff claims that Café Concepts guaranteed the $300,000 remaining unpaid on plaintiff's contract with Westbury; Café Concepts claims that the writing on which plaintiff relies to prove the alleged guarantee is not sufficient to satisfy...

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