A guaranty is a promise to fulfill another party's obligations, and is subject to the principles of contract construction. Under those principles, a written agreement that is complete, clear, and unambiguous on its face must be enforced according to the plain meaning of its terms. Guaranties that contain language obligating the guarantor to payment without recourse to any defenses or counterclaims are enforceable as absolute and unconditional. On a motion for summary judgment to enforce a written guaranty, all that the creditor need prove is an absolute and unconditional guaranty, the underlying debt, and the guarantor's failure to perform under the guaranty.
Almark Holding Co,, LLC v. Abbas, NY Slip Op 04969 (2d Dep't September 17, 2025)
