DECISION + ORDER ON MOTION The following e-filed documents listed by NYSCEF document number (Motion 001): 1-13, 16-28 were read on this motion for SUMMARY JUDGMENT IN LIEU OF COMPLAINT. Plaintiff Acquiom Agency Services LLC (“Plaintiff or “Acquiom”) moves, pursuant to CPLR §3213, for summary judgment in lieu of complaint against Defendants Fox Capital LLC, CBCC 1 LLC, CBCC 2 LLC, CBCC 3 LLC, CBCC 4 LLC, CBCC 5 LLC (“Guarantor Group 1″) and Westwood Jackson Apts. MM LLC, Westwood Jackson Apts. LLC and CBRM Realty INC. (“Guarantor Group 2″) (collectively, “Defendants” or “Guarantors”) in the amount of $19,185,000, as well as interest, attorney’s fees, and expenses. For the reasons discussed below, Plaintiff’s motion is granted. Relevant Factual and Procedural History On June 2, 2022, non-party Moshe Silber1 (“Borrower”) entered into a Credit Agreement with certain lenders, whereby the lenders agreed to make loans to Borrower upon Borrower’s request. NYSCEF Doc. Nos. 3 at 5 (Campobasso Aff.); 4 at §2.03 (Credit Agreement). Plaintiff served as administrative agent and collateral agent on the loans made pursuant to the Credit Agreement. NYSCEF Doc. Nos. 3 at 5; 4 at 1. Also on June 2, 2022, to induce the lenders to extend credit and make loans under the Credit Agreement, Guarantor Group 1 entered into a Guaranty Agreement, which guaranteed Borrower’s obligations related to the lenders’ loans. NYSCEF Doc. Nos. 3 at 9; 8 at 1 (Guaranty Agreement). The Guaranty Agreement states that each Guarantor shall be “jointly and severally unconditionally and irrevocably” liable to fully and completely repay in cash to Plaintiff (in its capacity as administrative agent for the lenders) the outstanding loan principal, unpaid interest, fees and damages, if they arise. NYSCEF Doc. No. 8 at 1. The Guaranty Agreement provides the ability for other entities to become Guarantors at a later date “with the same force and effect as if originally named.” Id. at 14. Pursuant to said provision, Guarantor Group 2 executed a Guaranty Supplement on November 28, 2023. NYSCEF Doc. Nos. 3 at 12; 9 at 1 (Guaranty Supplement). Borrower ultimately received three (3) loans under the terms of these agreements: (1) a loan in the aggregate amount of $15,000,000 on or about June 2, 2022; (2) a loan in the aggregate amount of $4,000,000 on or about October 18, 2023; and (3) a loan in the aggregate amount of $7,500,000 on or about November 28, 2023. NYSCEF Doc. No. 3 at 6; see also NYSCEF Doc. Nos. 5-7 (Borrowing Requests). Borrower has paid down some of the principal amounts on these loans, but $19,185,000 remains unpaid as of the filing of this motion. NYSCEF Doc. Nos. 3 at 7; 10 (Issuer Reminder). On March 1, 2024, Borrower defaulted by failing to pay at least $234,798.70 in interest. NYSCEF Doc. No. 3 at 15; see also NYSCEF Doc. No. 10. This default triggered the Defendants’ liability under the Guaranty. NYSCEF Doc. No. 4 at §7.01 (Credit Agreement).2 On March 6, 2024, Plaintiff sent a letter to Borrower and to all Guarantors notifying them of the default and demanding immediate payment. NYSCEF Doc. No. 3 at
