231ST RIVERDALE LLC v. 7 STAR HOME FURNITURE INC.

Index No. 34749/19E. Appeal No. 14446. Case No. 2021-00042.

198 A.D.3d 524 (2021)

152 N.Y.S.3d 820

2021 NY Slip Op 05769

231st Riverdale LLC, Appellant, v. 7 Star Home Furniture Inc. et al., Respondents.

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

Decided October 21, 2021.


Attorney(s) appearing for the Case

Law Offices of Jason J. Rebhun P.C., New York ( Jason J. Rebhun of counsel), for appellant.

Concur—Renwick, J.P., Kapnick, Scarpulla, Rodriguez, Higgitt, JJ.


Plaintiff did not demonstrate its entitlement to a default judgment as to the individual defendant who had guaranteed the corporate defendant's performance under the lease, because plaintiff did not satisfy the additional notice requirements (see CPLR 3215[g][3][i]), including submitting an affidavit attesting that the additional notice was mailed in an envelope marked personal and confidential, and did not reflect that it contained a communication from an attorney...

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