Cleo Realty Associates, L.P. v. Papagiannakis

Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered November 22, 2016, which denied plaintiff’s motion for summary judgment in lieu of complaint, unanimously affirmed, with costs.

Defendant’s guaranty of a lease is not an instrument for the payment of money only, because it was necessary to consult other documents to determine whether the guaranty continued to be enforceable (see PDL Biopharma, Inc. v Wohlstadter, 147 AD3d 494 [1st Dept 2017]). The guaranty did not apply to obligations incurred after the tenant surrendered possession pursuant to the procedures set forth in…