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Mar & Myles, Inc. v. Esquire Marketing Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 11, 1993
190 A.D.2d 578 (N.Y. App. Div. 1993)

Opinion

February 11, 1993

Appeal from the Supreme Court, New York County (David B. Saxe, J.).


The IAS Court properly granted plaintiff summary judgment on defendant's guaranty of rent payments under an office lease. Defendant's vague allegations about an unidentified potential subtenant for the lease did not create a triable issue of fact, given that the prospective tenant is not even identified. Nor is there merit to defendant's claim that plaintiff wrongfully evicted the tenant in the face of plaintiff's documentary proof showing that plaintiff obtained a final judgment of possession against the corporate tenant.

Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Rubin, JJ.


Summaries of

Mar & Myles, Inc. v. Esquire Marketing Inc.

Appellate Division of the Supreme Court of New York, First Department
Feb 11, 1993
190 A.D.2d 578 (N.Y. App. Div. 1993)
Case details for

Mar & Myles, Inc. v. Esquire Marketing Inc.

Case Details

Full title:MAR MYLES, INC., Respondent, v. ESQUIRE MARKETING INC. et al., Defendants…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 11, 1993

Citations

190 A.D.2d 578 (N.Y. App. Div. 1993)
593 N.Y.S.2d 518

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