Estate of Broche v. Tai

— In an action to recover on a guarantee, commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated October 19, 2011, which denied its motion for summary judgment, and granted the defendant’s cross motion for summary judgment dismissing the action.

Ordered that the order is affirmed, with costs.

In order to recover on a guarantee, a plaintiff must establish that payment on the underlying debt was due (see Griffon V, LLC v 11 E. 36th, LLC, 90 AD3d 705, 706 [2011]; Superior Fid.…