The motion court properly granted plaintiff's motion for summary judgment in lieu of complaint to enforce its guaranty against defendants as guarantors of the lease with the nonparty tenant, as plaintiff established the existence of the guaranty, the underlying debt, and the guarantor's failure to perform under the guaranty.
122 E. 42nd St., LLC v. Scharf, NY Slip Op 07141 (1st Dep't December 15, 2022)
