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LO-HO LLC v. BATISTA

62 A.D.3d 558 (2009)

LO-HO LLC, c/o Estate of WILLIAM GOTTLIEB, Deceased, by MOLLY BENDER, as Executrix, Appellant, v. SANTIAGO BATISTA, Defendant, and JOSE DeLEON, Respondent.

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

Decided May 21, 2009.

In this action to recover on a personal guaranty, plaintiff Lo-Ho LLC, and defendant Santiago Batista* entered into a commercial lease agreement (April 2000 lease), for a five-year term. The monthly rent started at $1,950 for the first year, with the last year's rent at $2,714 per month. In addition, Batista agreed to pay 35% of the real estate taxes as rent. On April 3, 2000, defendant Jose DeLeon (defendant), Batista's cousin, signed a personal...

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