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GANSEVOORT 69 REALTY LLC v. LABA

15196, 651010/13

130 A.D.3d 521 (2015)

12 N.Y.S.3d 543

2015 NY Slip Op 06094

GANSEVOORT 69 REALTY LLC, Respondent, v. REMI LABA, Appellant, et al., Defendant.

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

Decided July 14, 2015.

"On a motion for summary judgment to enforce a written guaranty, all that the creditor need prove is an absolute and unconditional guaranty, the underlying debt, and the guarantor's failure to perform under the guaranty" (City of New York v Clarose Cinema Corp., 256 A.D.2d 69, 71 [1st Dept 1998]). Plaintiff creditor met its initial burden on the motion with evidence satisfying each of these requisites of its claim.

In opposition...

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