February 14, 2024

Summary judgment in lieu of complaint.

Because the guaranty at issue reserves to defendant guarantor all defenses that were or may be available to the guaranteed party under a complex commercial contract, it does not qualify as the type of unconditional obligation that is appropriate for treatment under CPLR 3213.

Vitol Ams. Corp. v. Targa Resources Partners LP, NY Slip Op 00466 (1st Dep't February 1, 2024)

Here is the decision.