Alan Simons Associates, Inc. v. Deltareach Corp. N. V.

This is an appeal by the defendants Alan Simons Associates, Inc. and Alan Simons, individually, from an adverse final summary judgment in an action brought below by the plaintiff Deltareach Corporation to collect on rent due under a lease and a personal guarantee of same. We reverse based on the following briefly stated legal analysis.

First, we conclude that the defendant Alan Simons’ affidavit, filed below in opposition to the plaintiff’s motion for summary judgment, raises genuine issues of material fact which preclude summary judgment in this case. In particular, the affidavit states (1)…