Paf-Par LLC v. Silberberg

Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered March 26, 2013, which denied plaintiff’s motion for summary judgment in lieu of complaint (CPLR 3213), and granted defendants’ cross motion to dismiss the complaint, unanimously affirmed, with costs.

It is well settled that since a guaranty “is a contract of secondary liability ... a guarantor will be required to make payment only when the primary obligor has first defaulted” (Weissman v Sinorm Deli, 88 NY2d 437, 446 [1996]). Here, there is no dispute that defendants guaranteed the payment of the borrower’s obligations under…