Guarantor Must Pay Rent Owed by Tenant

January 1, 2005

LVT Number: 17819

Landlord sued tenant's guarantor for payment of rent when tenant defaulted. Landlord claimed that the guaranty was an unconditional promise to pay, enforceable by the court without a trial under CPLR 3123. Guarantor claimed that the guaranty was subject to other conditions in the lease agreement. And since the building was an illegal multiple dwelling, landlord couldn't collect rent, anyway. The court ruled for landlord. Landlord proved that the guaranty was signed and guarantor didn't pay. Guarantor's defenses didn't relate to his obligations under the guaranty agreement.

Landlord sued tenant's guarantor for payment of rent when tenant defaulted. Landlord claimed that the guaranty was an unconditional promise to pay, enforceable by the court without a trial under CPLR 3123. Guarantor claimed that the guaranty was subject to other conditions in the lease agreement. And since the building was an illegal multiple dwelling, landlord couldn't collect rent, anyway. The court ruled for landlord. Landlord proved that the guaranty was signed and guarantor didn't pay. Guarantor's defenses didn't relate to his obligations under the guaranty agreement.

Juste v. Niewdach: NYLJ, 12/15/04, p. 19, col. 3 (Sup. Ct. Kings; Schmidt, J)

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