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Landlord & Tenant Law
Subtenant's Lease Obligations Not Terminated By Surrender of the Premises
Spinelli's Pizza, Inc. v. G&T1 Corp., 2022 WL 3588685, AppDiv, First Dept. (memorandum opinion)
In an action for breach of a sublease and guaranty, subtenant and guarantor appealed from Supreme Court's grant of summary judgment as to liability to sublessor, and from the court's denial of their cross-motion to dismiss several claims, including a claim for recoupment of a rent abatement. The Appellate Division modified to dismiss the recoupment and several other claims, but otherwise affirmed, holding that subtenant's obligations had not been terminated by surrender of the premises.
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