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Landlord & Tenant
Guarantor May Not Interpose Wrongful Eviction Defense
Chip Fifth Avenue LLC. v. Quality King Distributors, Inc.
NYLJ 2/5/18, p. 19., col. 3.
AppDiv, First Dept.
(memorandum opinion)
In landlord's action against commercial tenant's guarantor, guarantor appealed from Supreme Court's award of $308,743.89 to landlord. The Appellate Division affirmed, rejecting guarantor's attempt to interpose a wrongful eviction defense.
Guarantor guaranteed tenant's lease obligations, expressly waiving the right to assert any defense affecting tenant's liability to landlord. When tenant defaulted, landlord brought this action to recover rent and additional rent from the guarantor. Guarantor asserted first that its liability was limited to base rent amounts under the lease, and second that guarantor was not liable for rent incurred after landlord allegedly wrongfully evicted tenant by deactivating its access cards. Supreme Court rejected both arguments and awarded judgment to landlord.
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