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ALQ, LLC v. KANE

Docket Nos. 654984/18, 595059/19. Appeal No. 14217. Case No. 2020-02337.

197 A.D.3d 1029 (2021)

151 N.Y.S.3d 867

2021 NY Slip Op 05071

ALQ, LLC, Respondent, v. Peter Kane, Appellant. (And a Third-Party Action.)

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

Decided September 28, 2021.

Attorney(s) appearing for the Case

Helbraun Levey, LLP, New York ( Maya K. Petrocelli of counsel), for appellant.

Katz Melinger, PLLC, New York ( Kenneth J. Katz of counsel), for respondent.

Concur—Acosta, P.J., Singh, Kennedy, Mendez, Higgitt, JJ.

Plaintiff landlord established its entitlement to summary judgment as to liability against defendant, one of the tenant's principals and guarantors of its obligations under the lease, by demonstrating the existence of an absolute and unconditional guaranty and defendant's failure to perform (see Reliance Constr. Ltd. v Kennelly, 70 A.D.3d 418, 419 [1st Dept 2010], lv dismissed 15 N.Y.3d 848

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