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Landlord & Tenant
Error in Identifying Lease
82-90 Broadway Realty Corp. v. New York Supermarket Inc.
NYLJ 10/20/17, p. 31, col. 4
AppDiv, Second Dept.
(memorandum opinion)
In commercial landlord's action for breach of contract and to recover on a personal guaranty, tenant and guarantor appealed from Supreme Court's award of summary judgment to landlord on the issue of liability. The Appellate Division affirmed, rejecting guarantor's contentions that the guaranty was not binding.
Landlord and tenant entered into a lease dated Jan. 15, 2000. In March 2001, tenant's principal executed a guaranty of the lease “dated on Jan.15, 2001.” Tenant defaulted on the lease, prompting landlord to bring this action, and to seek summary judgment on the issue of liability. Tenant and guarantor opposed the motion, contending that landlord had not established the amount due under the lease, and also contending that the guaranty was not binding because it did not refer to the Jan. 15, 2000 lease, because the guaranty was not notarized, and because the guarantor's signature was forged. Supreme Court granted summary judgment to landlord, and tenant appealed.
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