Blue Wine Holdings, LLC v. Kazi

2026 NY Slip Op 30805(U)

Opinion

Blue Wine Holdings, LLC v Kazi 2026 NY Slip Op 30805(U) March 5, 2026 Supreme Court, New York County Docket Number: Index No. 650985/2024 Judge: Robert Reed Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.

file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.6509852024.NEW_YORK.001.LBLX036_TO.html[03/13/2026 3:45:59 PM] INDEX NO. 650985/2024 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/06/2026

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 43 -----·------·---------------X BLUE WINE HOLDINGS, LLC INDEX NO. 650985/2024

Plaintiff, MOTION DATE 02/26/2024 - V- MOTION SEQ. NO. 001 FAIZULMUNIR KAZI,

Defendant. DECISION+ ORDER ON MOTION -------·--------------X

HON. ROBERT R. REED:

The following e-filed documents, listed by NYSCEF document number (Motion 001) 2, 12 were read on this motion for JUDGMENT - SUMMARY IN LIEU OF COMPLAINT

This is an action that involves nonpayment on a personal guarantee. In motion sequence

001, plaintiff Blue Wine Holdings LLC moves for summary judgment in lieu of a complaint. No

opposition to the motion has been filed. For the foregoing reasons, plaintiffs motion is granted

in its entirety.

Background

Plaintiff alleges that on March 18, 2019 the parties entered into a loan transaction in

connection with a real estate development deal (NYSCEF doc. no. 3). Allegedly, Blue Wine

transferred $600,000 to two companies owned by Faizulmunir Kazi: Excellent Development I

LLC and Siseneg LLC. Kazi then executed and delivered a Secured Promissory Note and a

personal guarantee on the loan.

Pursuant to Section 3(a) of the Note, interest on the principal balance of $600,000.00 was

to accrue at a rate of 14% per annum, calculated on the basis of a 360-day year, from March 18,

2019 until the date of maturity, May 17, 2019. Pursuant to Section 3(c) of the Note, after and

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during the occurrence of an Event of Default, as defined in the Mortgage, interest on the

principal balance would accrue at a rate of 24% per annum, calculated based on a 360-day year,

or the highest rate permitted by law.

In January 2023, Blue Wine filed a summons and motion, pursuant to CPLR§ 3213,

against Excellent Development and Siseneg, for summary judgment in lieu of a complaint under

index number 650583/2023. On August 4, 2023, the Court granted judgment in favor of Blue

Wine in the amount of $1,249,459.80, which included interest on the note, and default interest,

as provided in the terms of the note (NYSCEF doc. no. 11).

Since the filing of the case against EDI and Siseneg, Blue Wine has purportedly received

payments totaling $35,000, leaving a balance of $1,433,217.98 due and owing to Blue Wine as

of February 15, 2024.

This action was commenced to collect against Kazi on the personal guarantee on the loan,

including all costs and fees incurred by Blue Wine for efforts to enforce and collect on the note.

No opposition to the motion has been filed.

Discussion

Pursuant to CPLR 3213, "[w]hen an action is based upon an instrument for the payment

of money only the plaintiff may serve with the summons a notice of motion for summary

judgment and the supporting papers in lieu of a complaint." "An unconditional guaranty is an

instrument for the payment of 'money only' within the meaning of CPLR 3213" (Cooperatieve

Centrale Raif.feisen-Boerenleenbank, B.A., "Rabobank Intl., "NY Branch v Navarro, 25 NY3d

485,492 [2015]).

When a CPLR 3213 motion is based on a guaranty, a plaintiff may establish aprimafacie

right to summary judgment in lieu of complaint by showing "the existence of the guaranties, the

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underlying debt and the guarantor's failure to perform under the guaranties" (27 W 72nd St.

Note Buyer LLC v Terzi, 194 AD3d 630, 630-631 [1st Dept 2021 ]). An affidavit may be

sufficient to establish a default in payment (see, e.g., 8430985 Can. Inc. v. United Realty

Advisors LP, 148 AD3d 428,428 [1st Dept 2017]). References to other agreements in the

instrument do not necessarily qualify or alter the obligation to pay on the instrument (Embraer

Fin. Ltd. v Servicios Aere. os Profesionales, SA., 42 AD3d 380,381 [1st Dept 2007]).

Plaintiff establishes a prima facie case by showing "the existence of the guaranties, the

underlying debt and the guarantor's failure to perform under the guaranties" (27 W 72nd St.

Note Buyer LLC v Terzi, 194 AD3d 630, 630-631 [1st Dept 2021 ]). Here, plaintiff has met its

burden by the submission of the Promissory note, Guarantee, and the affidavit of Blue Wine

Managing Member Steve Slobodski (affidavit, NYSCEF doc. no. 3), who avers that payment

was provided pursuant to the promissory note, a guaranty was fully executed, payment to Blue

Wine was not made in accordance with the note terms, and Kazi failed to perform as required by

the terms of the guaranty.

Once a plaintiff submits evidence establishing prima facie entitlement to judgment, "the

burden shifts to the defendant to establish, by admissible evidence, the existence of a triable

issue with respect to a bona fide defense" (Cooperatieve Centrale, 25 NY3d at 492). No

opposition to the instant motion has been filed. There is no evidence before this court that

suggests the existence of a triable issue of fact or presents a bona fide defense. Summary

judgment, therefore, is warranted.

Accordingly, it is hereby

ORDERED that plaintiffs motion for summary judgment in lieu of complaint is granted,

in its entirety; and it is further

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ORDERED that plaintiff shall promptly submit a proposed judgment consistent with this

decision and inclusive of all reasonable attorneys' fees to chambers and the Clerk of Part 43 for

entry (SFC-P ART 4 3@nycourts.gov; SFC-P ART 43-Clerk@nycourts.gov).

DATE ~>-= ROBERT REED, J.S.C.

~ CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION

GRANTED □ DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE

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