NADER & SONS, LLC v. NAMVAR

Index No. 654232/19. Appeal No. 14029. Case No. 2020-04777.

195 A.D.3d 521 (2021)

145 N.Y.S.3d 792

2021 NY Slip Op 03914

Nader & Sons, LLC, et al., Respondents, v. Homayoun Namvar, Also Known as Tony Namvar, Appellant.

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

Decided June 17, 2021.


Attorney(s) appearing for the Case

The Dratch Law Firm, P.C., New York ( Daniel Lebersfeld of counsel), for appellant.

Seyfarth Shaw LLP, New York ( Jeremy A. Cohen of counsel), for respondents.

Concur—Kapnick, J.P., Singh, Moulton, González, JJ.


Plaintiffs seek repayment of a loan that was guaranteed by defendant. Supreme Court granted plaintiffs' motion for summary judgment renewing a judgment against defendant arising from the guarantee. At issue herein is whether the amount owed by defendant pursuant to his guarantee should be reduced by amounts collected by plaintiffs in connection with a note and a guarantee issued by nonparty Dan Shavolian (the Shavolian Instruments). Supreme Court answered this question in...

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