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MOON 170 MERCER, INC. v. VELLA

8441. 155605/12.

169 A.D.3d 537 (2019)

95 N.Y.S.3d 27

2019 NY Slip Op 01187

Moon 170 Mercer, Inc., Respondent, v. Zachary Vella, Appellant.

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

Decided February 19, 2019.

Based on the reinstatement of the wrongful eviction claim asserted by the nonparty tenant against respondent landlord Moon 170 Mercer, Inc. in the related action of Mephisto Mgt., LLC v Moon 170 Mercer, Inc. (index No. 653456/13) (see 151 A.D.3d 416 [1st Dept 2017]), the IAS court should have allowed the guarantor to avail himself of a defense based on an alleged failure of consideration. New York law specifically preserves...

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