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27 W. 72ND ST. NOTE BUYER LLC v. TERZI

Index No. 654084/19, 654085/19. Appeal No. 13945-13946-13947-13947A. Case Nos. 2020-02582, 2020-03930, 2021-00518, 2020-02576, 2020-03865.

194 A.D.3d 630 (2021)

2021 NY Slip Op 03364

27 West 72nd Street Note Buyer LLC, Respondent, v. Jack Terzi, Appellant. 31 East 28th Street Note Buyer LLC, Respondent, v. Jack Terzi et al., Appellants.

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

Decided May 27, 2021.

Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Brooklyn ( Andrea J. Caruso of counsel), for appellants.

Woods Oviatt Gilman LLP, Rochester ( John C. Nutter of counsel), for respondents.

Concur—Gische, J.P., Kern, Oing, Shulman, JJ.

In both cases, the motion courts properly found that plaintiffs established their prima facie right to summary judgment in lieu of complaint based on the existence of the guaranties, the underlying debt and the guarantor's failure to perform under the guaranties (see Cooperatieve Centrale Raiffeisen-Boerenleenbank, B.A., "Rabobank Intl.," N.Y. Branch v Navarro, 25 N.Y.3d 485, 492 [2015...

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