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

Appellate Division of the Supreme Court of New York

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

190 A.D.2d 578, 593 N.Y.S.2d 465, 1993 N.Y. App. Div. LEXIS 1471

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 11, 1993

StatusPublished

This text of 190 A.D.2d 578 (Mar & Myles, Inc. v. Esquire Marketing Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mar & Myles, Inc. v. Esquire Marketing Inc., 190 A.D.2d 578, 593 N.Y.S.2d 465, 1993 N.Y. App. Div. LEXIS 1471 (N.Y. Ct. App. 1993).

Pincite

Opinion

— Order, Supreme Court, New York County (David B. Saxe, J.) entered February 20, 1992, which, inter alia, granted plaintiff’s motion for summary judgment against defendant Rateb and awarded plaintiff damages of $55,944.52 plus interest, unanimously affirmed, with costs.

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.

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— Order, Supreme Court, New York County (David B. Saxe, J.) entered February 20, 1992, which, inter alia, granted plaintiff’s motion for summary judgment against defendant Rateb and awarded plaintiff damages of $55,944.52 plus interest, unanimously affirmed, with costs.

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.

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Bluebook (online)

190 A.D.2d 578, 593 N.Y.S.2d 465, 1993 N.Y. App. Div. LEXIS 1471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mar-myles-inc-v-esquire-marketing-inc-nyappdiv-1993.