CHIP FIFTH AVENUE LLC v. QUALITY KING DISTRIBUTORS, INC.

161128/15. 5580. 5579. 5578.

158 A.D.3d 418 (2018)

70 N.Y.S.3d 196

2018 NY Slip Op 00615

CHIP FIFTH AVENUE LLC, Respondent, v. QUALITY KING DISTRIBUTORS, INC., Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided February 1, 2018.


The landlord established entitlement to judgment as a matter of law by submitting evidence that QKD executed an absolute and unconditional guaranty of the defaulting tenant's rental obligations under a commercial lease. Such evidence included an affidavit and supporting spreadsheet submitted by the landlord's officer that established the accrued unpaid rental obligations of the defaulting tenant, and that QKD has declined to perform its obligations under the guaranty (

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