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VARADERO MASTER FUND, L.P. v. GOMEZ

Index No. 650164/21. Appeal No. 629-630. Case Nos. 2023-00099, 2023-00377.

219 A.D.3d 1240 (2023)

197 N.Y.S.3d 123

2023 NY Slip Op 04742

Varadero Master Fund, L.P., Respondent, v. Rafael Gomez, Appellant.

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

Decided September 26, 2023.

Attorney(s) appearing for the Case

Lanin Law P.C., New York ( Scott L. Lanin of counsel), for appellant.

Provenzano Granne & Bader LLP, New York ( Jennifer Bader of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mendez, Shulman, Rosado, O'Neill Levy, JJ.

Judgment, Supreme Court, New York County (Debra A. James, J.), entered January 13, 2023, awarding a money judgment in plaintiff's favor, and bringing up for review an amended order, same court and Justice, entered December 22, 2022, which granted plaintiff's motion for summary judgment in lieu of complaint, unanimously affirmed, with costs.

Plaintiff demonstrated its entitlement to relief under CPLR 3213 when it established "the existence of the guaranty, the underlying...

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