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BHBH LLC v. THREE OF US CORP.

Index No. 150248/22. Appeal No. 84. Case No. 2022-04298.

215 A.D.3d 551 (2023)

186 N.Y.S.3d 213

2023 NY Slip Op 02059

BHBH LLC, Appellant, v. Three of Us Corporation, Doing Business as The New York Conservatory for Dramatic Arts, Defendant, and Stanley Nasberg, Respondent.

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

Decided April 20, 2023.

Attorney(s) appearing for the Case

Connell Foley LLP, New York ( Brian P. Morrissey of counsel), for appellant.

Greenberg Traurig, LLP, New York ( Cory M. Gray of counsel), for respondent.

Concur—Oing, J.P., González, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (Paul A. Goetz, J.), entered September 26, 2022, which, insofar as appealed from, which granted defendant Stanley Nasberg's motion to dismiss the complaint as against him, unanimously affirmed, without costs.

Plaintiff failed to state a cause of action for a money judgment as against Nasberg for monetary obligations under the lease and guaranty, since the complaint does not allege the existence of an independent guaranty executed...

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