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MOON 170 MERCER, INC. v. VELLA

155605/12, 2753, 2752.

146 A.D.3d 537 (2017)

2017 NY Slip Op 00256

45 N.Y.S.3d 415

MOON 170 MERCER, INC., Respondent, v. ZACHARY VELLA, Appellant. MOON 170 MERCER, Respondent-Appellant, v. ZACHARY VELLA, Appellant-Respondent.

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

Decided January 12, 2017.

In this action to enforce a guaranty of rent payments pursuant to a commercial lease, plaintiff was previously granted summary judgment on the issue of defendant's liability, and the matter was remanded for discovery and a trial on damages (Moon 170 Mercer, Inc. v Vella, 122 A.D.3d 544 [1st Dept 2014]). Upon remand, the motion court correctly denied defendant's motion for summary judgment limiting his damages to unpaid rent that...

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