VAL-FORD REALTY CORP. V. J.Z.'S TOY WORLD, INC.
231 A.D.2d 434 (1996)
NATURE OF THE CASE: This was a suit to recover rent due under a written lease.
FACTS: Val-Ford (P) sought to recover rent due under a written lease executed by D and
guaranteed by an individual defendant. Ds admitted to executing the documents but asserted
that their purpose was to defraud P's construction lender into advancing additional funds
and were never intended by the parties to be enforceable. The parties were not strangers to
each other and one of the individual D's was one of P's three directors. The court denied a
motion for summary judgment. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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