Legal Opinion
I Bldg, Inc. v. Hong Mei Cheung
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 2016No. 16645 650226/14PublishedCited by 11 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered August 19, 2014, which, inter alia, granted plaintiff’s motion for summary judgment on liability, unanimously affirmed, without costs.
Guaranties and leases are separate documents; the former impose obligations on the guarantors and the latter impose obligations on the landlord and the tenant (see Park Towers S. Co., LLC v 57 W. Operating Co., Inc., 96 AD3d 443 [1st Dept 2012]). When a guarantor is sued on the guaranty, as is the case here, he or she cannot raise a claim or defense which is personal to the principal debtor,…
2Cases cited3 opinions
- Walcutt v. Clevite Corp.New York Court of Appeals · 1963
- Hotel 71 Mezz Lendek LLC v. MitchellAppellate Division of the Supreme Court of the State of New York · 2009
- Moon 170 Mercer, Inc. v. VellaAppellate Division of the Supreme Court of the State of New York · 2014
3Cited by11 opinions
- Royal Equities Operating, LLC v. RubinAppellate Division of the Supreme Court of the State of New York · 2017
- Deco Towers Assoc., LLC v. FischAppellate Division of the Supreme Court of the State of New York · 2023
- ALQ, LLC v. KaneAppellate Division of the Supreme Court of the State of New York · 2021
- ALQ, LLC v. KaneAppellate Division of the Supreme Court of the State of New York · 2021
- Barton Hall, LLC v. AFIAA 158 W. 27th St., LLCAppellate Division of the Supreme Court of the State of New York · 2023
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