Personal guaranty

Proof needed for summary judgment on a personal guaranty

“The elements of a cause of action for breach of contract are (1) formation of a contract between plaintiff and defendant; (2) performance by plaintiff; (3) defendant’s failure to perform; and (4) resulting damage” Clearmont Prop., LLC v Eisner, 58 AD3d 1052, 1055 [3d Dept 2009]; see also Amos Fin., LLC v H & B & T Corp., 48 Misc 3d 1205(A) [Sup Ct 2015]. Generally, on a motion for summary judgment to enforce a written guaranty “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.”City of New York v. Clarose Cinema Corp., 256 AD2d 69, 71 [1st Dept. 1998].

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