ROYAL EQUITIES OPERATING, LLC v. RUBIN

4131. 653201/16.

150 A.D.3d 617 (2017)

2017 NY Slip Op 04223

56 N.Y.S.3d 283

ROYAL EQUITIES OPERATING, LLC, Appellant, v. JOSHUA D. RUBIN et al., Respondents.

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

Decided May 30, 2017.


In moving for summary judgment in lieu of complaint to enforce absolute and unconditional guarantees on a commercial lease, plaintiff made a prima facie showing of the tenant's default and the amount owed — $1,740,818.60 — under the lease's accelerated rent provision. In opposition, the guarantor defendants failed to refute plaintiff's calculations as to the amount owed, or challenge any specific line-item on the ledger submitted by plaintiff, entitling plaintiff...

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