300 PARK AVENUE, INC. v. CAFÉ 49, INC.

6159, 113795/09.

89 A.D.3d 634 (2011)

933 N.Y.S.2d 274

2011 NY Slip Op 8640

300 PARK AVENUE, INC., Respondent, v. CAFÉ 49, INC., et al., Appellants.

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

Decided November 29, 2011.


The motion court properly found that Lee is personally liable for the postjudgment damages sought in the second cause of action pursuant to the terms of the guaranty he executed in June 1998, as well as the guaranty he subsequently executed in conjunction with a so-ordered stipulation.

In the initial guaranty, Lee unconditionally guaranteed defendant Café 49, Inc.'s "full and timely payment of all base rent, additional rent and all other sums payable by Tenant...

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