Summary
explaining that, "[u]nder the good guy guaranty, [the guarantor] was responsible only for [the tenant's] obligations up to and until the date it vacated the premises"
Summary of this case from 228E58STR LLC v. Koleksiyon Mobilya San A.S.Opinion
14878 102375/11
04-21-2015
LF EAST 21 PROPERTY CO., LLC, Plaintiff–Appellant, v. Iradj MOINI, et al., Defendants–Respondents.
Axelrod, Fingerhut & Dennis, New York (Osman Dennis of counsel), for appellant. Kolodny P.C., New York (Peter Kolodny of counsel), for respondents.
Axelrod, Fingerhut & Dennis, New York (Osman Dennis of counsel), for appellant.
Kolodny P.C., New York (Peter Kolodny of counsel), for respondents.
FRIEDMAN J.P., RENWICK, MOSKOWITZ, DeGRASSE, JJ.
Opinion Order, Supreme Court, New York County (Debra A. James, J.), entered December 18, 2013, which, to the extent appealed from as limited by the briefs, granted defendants' cross motion for summary judgment dismissing the complaint as against defendant Iradj Moini, unanimously affirmed, without costs.
Given the plain terms of the agreements (see W.W.W. Assoc.
v. Giancontieri, 77 N.Y.2d 157, 162, 565 N.Y.S.2d 440, 566 N.E.2d 639 [1990] ; Sharp v. Stavisky, 221 A.D.2d 216, 633 N.Y.S.2d 488 [1st Dept.1995], lv. dismissed 87 N.Y.2d 968, 642 N.Y.S.2d 197, 664 N.E.2d 1260 [1996] ), the court properly concluded that defendant guarantor Iradj Moini had been relieved of any liability to plaintiff landlord. Under the Good Guy Guaranty, Iradj Moini was responsible only for defendant tenant Moini & Moini, Inc.'s obligations up to and until the date it vacated the premises. As the tenant was current on its payments on that date, as required by the Stipulation of Settlement, the rent waiver under the Stipulation had not been rendered null or void, and, thus, had not yet become an obligation.