Partner James F. Murphy Obtains Summary Judgment
Partner James F. Murphy obtained summary judgment dismissing a complaint against our client, whom plaintiff attempted to hold personally liable under a purported personal guaranty of a corporate defendant’s lease obligations, including the payment of well over one-hundred thousand dollars that plaintiff claimed was due from the corporate defendant. In dismissing the complaint, the Suffolk County Supreme Court agreed with our argument that the guaranty was ineffective to bind the individual defendant since it had expired upon the expiration of a prior lease, and a subsequent lease, executed by the individual defendant on behalf of the corporate tenant-defendant. The lease, which contained a personal guaranty provision within its terms, did not bind our client since it was signed in a representative capacity only and not individually.
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