Goodyear Tire & Rubber Co. v. Azzaretto

In an action to recover on a personal guarantee, brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), entered November 15, 2011, as denied its motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the plaintiffs motion for summary judgment in lieu of complaint pursuant to CPLR 3213. *881The instant action is based upon, inter alia, a personal guarantee by the…