Opinion
November 17, 1998
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
Notwithstanding its dissolution, defendant partnership Minter Gay continued to exist at the relevant times for the purpose of winding up its affairs, among which was its prolonged and ongoing dispute with plaintiff respecting rent allegedly due pursuant to the subject lease. Therefore, the partnership's dissolution did not, as the motion court found, render it unamenable to this action seeking to determine the extent, if any, of the partnership's outstanding obligation under that lease ( see, Bayer v. Bayer, 215 App. Div. 454, 472). We are otherwise in agreement with the motion court's determination. We note in particular that the monetary award to plaintiff, reflecting defendant professional corporation's continuing liability during the contractually stipulated lease term for amounts due pursuant to the lease, to the extent that such amounts were not otherwise collected by plaintiff, is in accord with the remedial provisions in the landlord's favor set forth in paragraph 18 of the subject lease. We have considered and rejected the parties' additional claims.
Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Andrias, JJ.