Val-Ford Realty Corp. v. J.Z.'s Toy World, Inc.

Order, Supreme Court, New York County (Herman Cahn, J.), entered on or about October 26,1995, which, insofar as appealed from, denied plaintiff’s motion for summary judgment, unanimously affirmed, without costs.

Plaintiff seeks to recover rent due under a written lease executed by the corporate defendant and guaranteed by the individual defendant. Defendants admit executing these documents, but assert that their purpose was to defraud plaintiff’s construction lender into advancing additional funds and were never intended by the parties to be enforceable, and that the parties are not strangers…