Cargill Soluciones Empresariales, S.A. De C v. SOFOM, ENR v. Desarrolladora Farallon S. De R.L. De C.V.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered February 3, 2016, which, insofar as appealed from as limited by the briefs, denied defendants’ motion to dismiss the causes of action as against Diaz Rivera and Desarrolladora Farallón S. de R.L. de C.V. (Farallón) for breach of the guaranty and for indemnification and legal fees as against Farallón, unanimously affirmed, with costs.

In 2001, the Diaz Rivera family founded Farallón to manage property it owned in Cabo San Lucas, Mexico. In 2006, Faral-lón and Cargill Financial Services International, Inc. (Cargill…