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Landlord & Tenant Law
Ambiguities Prevent Summary Judgment In Action on Guaranty
511 E. 80th St. LLC v. Margalit, NYLJ 11/2/22, Supreme Ct, N.Y. Cty (Nock, J.)
In landlord's action on a lease guaranty, landlord moved for summary judgment. The court denied the motion, holding that ambiguities in the guaranty agreement precluded summary judgment.
In 2016, landlord leased the subject apartment to tenants. Guarantor executed a guaranty which stated that it "will not be affected by any change in the Lease, whatsoever. This includes, but is not limited to, any extension of time or renewals. The Guaranty will bind [guarantor] even if [guarantor] is not a party to these changes." Landlord entered into two subsequent leases with the original tenants, but the subsequent leases did not make reference to the original lease, and were not entitled "renewal lease." In addition, nine months passed between expiration of the original lease and execution of the first subsequent lease. When tenants defaulted on the last of the subsequent leases, landlord sought to recover from guarantor and moved for summary judgment.
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