A New York appellate court affirmed a $204,447.49 judgment enforcing a personal guaranty of an HVAC payment settlement. The lesson: precise documents and default records matter.
Case record
Authority before analysis.
Court
New York Appellate Division, Second Department
Docket
2026 NY Slip Op 05437; No. 2025-01771
Decision
September 23, 2026
Posture
Appeal from summary judgment in lieu of complaint under CPLR 3213; judgment affirmed, with costs.
Status
Published New York intermediate appellate decision; official text marked uncorrected and subject to revision.
01
What the court did
In Superior A.C. & Heating, Inc. v. Russo, the Appellate Division affirmed a $204,447.49 principal judgment against the personal guarantor of an HVAC construction-payment settlement. The contractor supplied the settlement agreement, signed guaranty, and an affidavit showing the unpaid balance and default. The instruments created an unequivocal, unconditional payment obligation, and the guarantor failed to raise a triable factual defense. The contractor obtained summary judgment in lieu of a complaint using New York’s CPLR 3213 procedure.
02
Why operators should care
Our operating takeaway: review settlement documentation before trading a disputed receivable for a new payment promise. Finance and legal teams should identify the debtor, the individual guarantor, covered obligations, payment dates, default triggers, and balance calculation. Keep the executed settlement and guaranty with the payment ledger. Ask counsel whether the signer assumes individual liability and whether the instrument qualifies for the intended enforcement procedure. Document missed payments promptly and preserve supporting evidence.
03
What remains unresolved
This ruling concerns particular instruments and evidence under New York law. It does not make every guaranty enforceable or guarantee access to CPLR 3213 in every payment dispute. The opinion confirms a judgment, not proof that the creditor collected the money. Enforceability in other jurisdictions and later appellate proceedings are outside this briefing. Shop On Fire provides business education, not legal advice.
Industries
General contractorsHVAC
Ownership models
Privately held
Issues
Contracts and payment
Primary record
Read the opinion.
This update identifies the court, posture, holding, and unresolved questions. The linked opinion remains the controlling source.
Shop On Fire is not a law firm. This publication provides general business education and commentary, not legal advice or representation. Consult qualified counsel about a specific matter.
