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BENKOVSKY v. LORENZO

161243/13.

156 A.D.3d 584 (2017)

65 N.Y.S.3d 713

2017 NY Slip Op 09269

STEVEN BENKOVSKY, Appellant, v. GREGG LORENZO et al., Respondents.

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

Decided December 28, 2017.

The motion court correctly dismissed the complaint, which alleged claims against Lorenzo only. On the breach of contract claim, Lorenzo established that he was not a party to the loan agreement and had not executed a written personal guarantee; plaintiff failed to raise issues of fact as to either issue. Claims of an oral guarantee of defendant GJL's obligations are barred by the statute of frauds (see General Obligations...

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