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CENTURY CITY MALL, LLC v. WAXMAN

Index No. 650251/18. Appeal Nos. 13566-13566A. Case Nos. 2020-02039, 2020-02040.

193 A.D.3d 499 (2021)

147 N.Y.S.3d 10

2021 NY Slip Op 02239

Century City Mall, LLC, Respondent, v. Jonathan Waxman, Appellant.

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

Decided April 13, 2021.

Attorney(s) appearing for the Case

Lambert & Shackman, PLLC, New York ( Thomas C. Lambert of counsel), for appellant.

Blank Rome LLP, New York ( John C. Kessler of counsel), for respondent.

Concur—Kapnick, J.P., Kern, Singh, Scarpulla, JJ.

Plaintiff's motion for summary judgment in lieu of complaint should have been denied. The guaranty was not "absolute and unconditional" and contained no waiver of defenses, as distinguished from the guaranties at issue in Royal Equities Operating, LLC v Rubin (154 A.D.3d 516, 517 [1st Dept 2017]), relied upon by the motion court. Defendant adequately raised a failure of consideration defense...

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