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POAH ONE ACQUISITION HOLDINGS V LTD. v. ARMENTA

7553, 600917/10.

96 A.D.3d 560 (2012)

946 N.Y.S.2d 571

2012 NY Slip Op 4923

POAH ONE ACQUISITION HOLDINGS V LIMITED, Respondent, v. GILBERT RICHARD ARMENTA et al., Appellants.

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

June 19, 2012.

Plaintiff demonstrated its entitlement to summary judgment as against Armenta by submitting the guaranty executed by him and an affidavit of nonpayment (see Bank of Am., N.A. v Solow, 59 A.D.3d 304, 304-305 [2009], lv dismissed 12 N.Y.3d 877 [2009]). Plaintiff appropriately moved based on the absolute and unconditional guaranty, which expressly waived demand or presentment, and is "an instrument...

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