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MOON 170 MERCER, INC. v. VELLA

Index No. 155605/12. Appeal No. 309. Case No. 2022-05843.

216 A.D.3d 570 (2023)

190 N.Y.S.3d 26

2023 NY Slip Op 02827

Moon 170 Mercer, Inc., Appellant, v. Zachary Vella, Respondent.

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

Decided May 25, 2023.

Attorney(s) appearing for the Case

Cordova & Schwartzman, LLP, Garden City ( Jonathan B. Schwartzman of counsel), for appellant.

Landy Wolf PLLC, New York ( David A. Wolf counsel), for respondent.

Concur—Kapnick, J.P., Friedman, Gesmer, Mendez, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered on or about December 8, 2022, which to the extent appealed from, denied plaintiff landlord's motion for summary judgment on its claim to recover rent due under a guaranty for the period from January 1, 2016, through August 1, 2022, unanimously affirmed, with costs.

This action arises out of defendant guarantor's personal guaranty of nonparty Mephisto Management, LLC's (tenant) monetary obligations...

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