On February 8, 2022, the First Department issued a decision in Arbor-Myrtle Beach PE LLC v. Frydman, 2022 NY Slip Op. 00806, holding that a motion for summary judgment in lieu of complaint on a guaranty was not barred by the existence of a larger transaction, explaining:
Plaintiff demonstrated its entitlement to summary judgment by establishing the existence of a guaranty executed by defendant in connection with an agreement requiring nonparty United 945 82nd Parkway Fee, LLC to make certain payments to plaintiff, and the failure to make a payment called for by its terms. Contrary to defendant’s contention, recourse to CPLR 3213 was appropriate, since the guaranty was an instrument for the payment of money only. That the guaranty was part of a larger transaction does not, by itself, bar accelerated treatment. The need for limited review of the underlying agreement to establish the obligation and amount of liability also does not affect the availability of CPLR 3213.
(Internal citations omitted).