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ESTATE OF BROCHE v. TAI

2011-10582.

98 A.D.3d 601 (2012)

949 N.Y.S.2d 651

2012 NY Slip Op 5956

ESTATE OF AGNES M. BROCHE, Deceased, Appellant, v. MARIA TAI, Respondent.

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

Decided August 15, 2012.

Ordered that the order is affirmed, with costs.

In order to recover on a guarantee, a plaintiff must establish that payment on the underlying debt was due (see Griffon V, LLC v 11 E. 36th, LLC, 90 A.D.3d 705, 706 [2011]; Superior Fid. Assur., Ltd. v Schwartz, 69 A.D.3d 924, 925 [2010]). In support of her cross motion for summary judgment dismissing the action, the defendant established...

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