Val-Ford Realty Corp. v. J.Z.'S Toy World, Inc.

231 A.D.2d 434 (1996)

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Nature of the Case

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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.