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CLEO REALTY ASSOC., L.P. v. PAPAGIANNAKIS

4151. 651106/16.

151 A.D.3d 418 (2017)

2017 NY Slip Op 04368

56 N.Y.S.3d 294

CLEO REALTY ASSOCIATES, L.P., Appellant, v. MIKE PAPAGIANNAKIS, Respondent.

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

Decided June 1, 2017.

Defendant's guaranty of a lease is not an instrument for the payment of money only, because it was necessary to consult other documents to determine whether the guaranty continued to be enforceable (see PDL Biopharma, Inc. v Wohlstadter, 147 A.D.3d 494 [1st Dept 2017]). The guaranty did not apply to obligations incurred after the tenant surrendered possession pursuant to the procedures...

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