On April 9, 2026, the First Department issued a decision in Air Prods. & Chems., Inc. v. World Energy, LLC, 2026 NY Slip Op. 02150, holding that references to performance or other agreements does not disqualify a guaranty from disposition by summary judgment in lieu of complaint, explaining:
Plaintiff established prima facie entitlement to summary judgment in lieu of complaint by furnishing copies of the guaranty, the underlying credit agreement, default notices, and an affidavit attesting to the absence of any payments from defendant as guarantor. The court correctly determined that defendant’s undisputed breach of the guaranty could be summarily adjudicated pursuant to CPLR 3213, as this absolute, unconditional, and irrevocable guarantee of payment is an instrument for the payment of money only. Nor does the inclusion of the word “performance” remove this guaranty from the category of instruments for the payment of money only, particularly where the sentence includes the words that it “guarantees the due and punctual payment in full when due.”
That the guaranty was part of a larger transaction does not, by itself, bar accelerated treatment, and to the extent there was a need for limited review of the underlying credit agreement to establish the obligation and amount of liability, this does not affect the availability of CPLR 3213. Plaintiff did not have to comply with the dispute resolution provisions in the parties’ other agreements before bringing an action pursuant to CPLR 3213 to enforce the guaranty.
The court correctly found that defendant has not identified any performance obligations in the guaranty or any other required determinations concerning the amounts owed that would have necessitated a factual inquiry.
(Internal citations omitted).