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Landlord & Tenant Law
Landlord Did Not Accept Tenant Surrender
1149 LLC v. Meis Studio Inc. 2024 WL 120025 AppDiv, First Dept. (memorandum opinion)
In commercial landlord's action against tenant, assignee and guarantor for rent, landlord appealed from Supreme Court's denial of landlord's summary judgment motion. The Appellate Division modified to grant landlord summary judgment for both pre-surrender and post-surrender rent against tenant and assignee, and pre-surrender rent against guarantor.
When tenant abandoned the leased premises landlord apparently assisted tenant in moving out of the premises and did not issue invoices after the departure date. Tenant and assignee contended that landlord had accepted surrender, excusing them from all post-surrender rent. Supreme Court denied landlord's summary judgment motion. Landlord appealed.
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