Generally, a guaranty is an instrument that qualifies for relief pursuant to a motion for summary judgment in lieu of a complaint under CPLR 3213. In order to meet its prima facie burden on the motion, a plaintiff must prove the existence of the guaranty, the underlying debt, and the guarantor's failure to perform under the guaranty.
Pearl Riv. Campus, LLC v. ReadyScrip, LLC, NY Slip Op 04101 (2d Dep't July 9, 2025)
