Opinion
December 7, 1999
Judgment, Supreme Court, New York County (Charles Ramos, J.), entered March 5, 1999, which upon the prior grant of plaintiff's motion for judgment in lieu of complaint against defendant Smith, awarded plaintiff the total sum of $2,419,069.25, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered March 1, 1999, which granted plaintiff's motion for judgment in lieu of complaint against defendant Smith, unanimously dismissed, without costs, as subsumed within the appeal from the ensuing judgment. Orders (four papers), same court and Justice, entered April 27, 1999, which, insofar as appealable, denied defendants' respective motions for renewal of prior orders granting plaintiff summary judgment against each of them, unanimously affirmed, without costs.
Lori J. Van Auken Allyson D. Wenig, for plaintiffs-respondents.
Robert P. Stein, for defendants-appellants.
RUBIN, J.P., ANDRIAS, SAXE, BUCKLEY, FRIEDMAN, JJ.
Summary judgment in lieu of complaint pursuant to CPLR 3213 was properly granted premised upon each defendant's expressly unconditional and absolute guarantees (see, City of New York v. Clarose Cinema Corp., 256 A.D.2d 69, 681 N.Y.S.2d 251). Each defendant validly waived all defenses (see, e.g., Banco do Estado de Sao Paulo S.A. v. Mendes Junior Intl. Co., 249 A.D.2d 137, 138), and, in any event, none of the defendants submitted evidentiary proof that their guarantees had been fraudulently induced (cf., Norstar Bank of Upstate New York v. Off. Control Sys., Inc., 165 A.D.2d 265, 267,appeal dismissed 78 N.Y.2d 1110). Renewal was properly denied; the circumstance that claims may exist between plaintiff and unrelated third parties was insufficient to defeat plaintiff's right to judgment upon defendants' guarantees (see, Bank of India v. Sanghvi, 224 A.D.2d 347). We have considered defendants' remaining arguments and find them unavailing.
Motion seeking to strike respondent's brief and for other related relief denied.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.