Plaza Tower LLC v. Ruth's Hospitality Group, Inc.

Order, Supreme Court, New York County (Peter H. Moulton, J.), entered September 15, 2014, which, to the extent appealed from as limited by the briefs, denied plaintiffs motion for summary judgment on its claim for air conditioning charges, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Defendant’s defense of overcharges is barred by its unconditional guaranty and waiver of defenses (see Citibank v Plapinger, 66 NY2d 90, 94-95 [1985]; LFR Collections LLC v Blan Law Offs., 117 AD3d 486 [1st Dept 2014]; Red Tulip, LLC…