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Weisberg v. Standard

Clause in Promissory Note Allows Plaintiff to Hold Guarantor Liable

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60 were read on this motion to/for RENEW/REARGUE/RESETTLE/RECONSIDER. DECISION + ORDER ON MOTION Plaintiff Josh Weisberg commenced this action by moving for summary judgment in lieu of complaint (MS 001) to recover sums allegedly owed by defendants (i) Gary D. Standard (Gary) and Toby Standard (Toby) as co-trustees of the Standard Living Trust dated October 14, 1999 (Living Trust), (ii) Joel Standard (Joel) as trustee of the Toby Standard Trust for Gary D. Standard dated December 21, 2012 (Toby Trust), and (iii) Vanessa Standard (Vanessa) as trustee of the Gary D. Standard Trust for Toby Standard dated December 21, 2012 (Gary Trust, collectively with Living Trust and Toby Trust, the Trusts) under a promissory note guaranteed by Gary in his personal capacity. By Decision and Order dated July 14, 2023, as amended on July 19, 2023, plaintiff’s motion for summary judgment was granted on liability and denied as to the apportionment of liability among defendants (NYSCEF #s 42, 45 — Prior Decision). Plaintiff now moves for reargument under CPLR 2221 and seeks summary judgment on liability and damages against Gary as guarantor (MS 002). All defendants except Vanessa oppose. For the reasons below, plaintiff’s motion is granted in its entirety. Background The court assumes the parties’ familiarity with the background of this case, which was detailed in the court’s Prior Decision (NYSCEF #s 42, 45). In short, plaintiff and Gary were both senior executives of WorldStage, Inc. (WorldStage), a company whose predecessor was founded by Gary (NYSCEF # 17,

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