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Landlord & Tenant Law

By New York Real Estate Law Reporter Staff
October 01, 2024

Holdover Tenant Liable for Breach of Covenant

Absolute Medical Services, Inc. v. Garnerville Holding Company, Inc.. 2024 WL 3514223, AppDiv, Second Dept. (memorandum opinion)

In commercial tenant's action to recover a security deposit, tenant and tenant's guarantor appealed from Supreme Court's judgment, after a nonjury trial, dismissing the complaint and awarding landlord $3,781,876.70 on its counterclaim for damages. The Appellate Division modified to set aside the judgment against the guarantor on its guaranty of the lease, but otherwise affirmed, holding that tenant's liability extended past the expiration of the lease term.

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