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ARBOR-MYRTLE BEACH PE LLC v. FRYDMAN

Index No. 657133/19. Appeal No. 15263. Case No. 2021-00397.

202 A.D.3d 464 (2022)

158 N.Y.S.3d 821

2022 NY Slip Op 00806

Arbor-Myrtle Beach PE LLC, Respondent, v. Jacob Frydman, Appellant.

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

Decided February 8, 2022.

Attorney(s) appearing for the Case

Jacob Frydman, Hyde Park, appellant pro se.

Morrison Cohen LLP, New York ( Jay R. Speyer of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, González, Shulman, Higgitt, JJ.

Plaintiff demonstrated its entitlement to summary judgment by establishing the existence of a guaranty executed by defendant in connection with an agreement requiring nonparty United 945 82nd Parkway Fee, LLC to make certain payments to plaintiff, and the failure to make a payment called for by its terms (see Gard Entertainment, Inc. v Country in N.Y., LLC, 96 A.D.3d 683, 683 [1st Dept 2012]). Contrary to defendant's contention,...

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