549 LLC v. LUNA

651683/22. Appeal No. 613. Case No. 2023-01786.

219 A.D.3d 1209 (2023)

196 N.Y.S.3d 424

2023 NY Slip Op 04708

549 LLC, Appellant, v. Ruben Luna, Respondent.

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

Decided September 26, 2023.


Attorney(s) appearing for the Case

Borg & Bryks LLP, New York ( Johnathan M. Borg of counsel), for appellant.

Keane & Partners LLC, New York ( Thomas F. Keane of counsel), for respondent.

Concur—Renwick, P.J., Moulton, Kennedy, Scarpulla, Higgitt, JJ.


Order, Supreme Court, New York County (Gerald Lebovitz, J.), entered on or about September 8, 2022, which denied plaintiff's motion for summary judgment in lieu of complaint and converted the matter to a plenary action, unanimously affirmed, with costs.

In opposition to plaintiff landlord's prima facie showing of entitlement to recover rent arrears and additional charges under a guaranty, defendant guarantor raised material issues of fact as to the amount owed to...

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