Superior Air Conditioning and Heating, Inc. v Russo

Holding The Appellate Division affirmed the lower court’s judgment granting summary judgment in lieu of complaint to the plaintiff, as the plaintiff established a prima facie case for recovery on an absolute and unconditional guaranty. The defendant failed to raise a triable issue of fact to defeat the motion.

The court’s words

guarantees performance . . . of each and every term and condition of the foregoing Settlement Agreement

2026 NY Slip Op 05437, at the official text

all that the creditor need prove is an absolute and unconditional guaranty, the underlying debt, and the guarantor's failure to perform under the guaranty

2026 NY Slip Op 05437, at the official text

the plaintiff established, prima facie, its entitlement to judgment as a matter of law through its submission of the settlement agreement

2026 NY Slip Op 05437, at the official text