By tendering documents and an affidavit showing the guaranty executed by Kaloudis, the underlying lease, defendant Mason Restaurant Corp.'s (Mason) failure to perform under the lease, and Kaloudis's failure to pay on the guaranty, plaintiff established its prima facie case of entitlement to summary judgment on its claims against Kaloudis under the guaranty (see Cooperatieve Centrale Raiffeisen-Boerenleenbank, B.A., "Rabobank Intl.," N.Y. Branch v Navarro,
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MF 385 FIRST AVE LLC v. MASON REST. CORP.
Index No. 652186/18. Appeal No. 14754. Case No. 2020-04157.
200 A.D.3d 423 (2021)
154 N.Y.S.3d 777
2021 NY Slip Op 06767
MF 385 First Ave LLC, Respondent, v. Mason Restaurant Corp., Defendant, and Nicholas Kaloudis, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 2, 2021.
Decided December 2, 2021.
Attorney(s) appearing for the Case
The Mavromihalis Law Firm, P.C., Astoria ( Theodore Mavromihalis of counsel), for appellant.
Rivkin Radler LLP, New York ( Merril S. Biscone of counsel), for respondent.
Concur—Gische, J.P., Kapnick, Kern, Gesmer, Kennedy, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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