E D & F MAN SUGAR LTD. v. GELLERT

Index No. 651808/21. Appeal No. 15243. Case No. 2021-03698.

202 A.D.3d 475 (2022)

158 N.Y.S.3d 827

2022 NY Slip Op 00813

E D & F Man Sugar Limited, Respondent, v. George G. Gellert, Appellant.

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

Decided February 8, 2022.


Attorney(s) appearing for the Case

Westerman Ball Ederer Miller Zucker & Sharfstein, LLP, Uniondale ( Jeffrey A. Miller of counsel), for appellant.

DLA Piper LLP (US), New York ( Joshua A. Kane of counsel), for respondent.

Concur— Renwick, J.P., Mazzarelli, Friedman, Singh, Pitt, JJ.


In March 2021, plaintiff brought this action to recover on a personal guaranty executed by defendant as consideration for a loan by plaintiff to two Romanian companies partly owned by defendant. Two months later, defendant brought suit against the instant plaintiff in Romania, seeking a declaration that the companies' payment obligations under the underlying loan agreements were not enforceable.

This action should be stayed pending determination of the related Romanian...

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