Chervinsky v. Rezhets

In an action to recover on a promissory note and personal guaranty, commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals from an amended order of the Supreme Court, Nassau County (Woodard, J.), entered July 31, 2014, which denied the motion.

Ordered that the amended order is reversed, on the law, with costs, and the motion for summary judgment in lieu of complaint is granted.

The plaintiff and the defendant Michael Rezhets each owned a 50% interest in two pharmacies, the defendant Health Max 5th Avenue, Inc. (hereinafter Health Max), and HMX…