Opinion
570969/08.
Decided December 21, 2009.
Defendant appeals from an order of the Civil Court of the City of New York, New York County (Tanya R. Kennedy, J.), entered August 11, 2009, which denied his motion for summary judgment dismissing the complaint.
Order (Tanya R. Kennedy, J.), entered August 11, 2009, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.
PRESENT: McKeon, P.J., Heitler, Hunter, JJ.
Plaintiff, a former commercial tenant in a building owned by defendant-landlord, terminated the governing lease agreement several months prior to the expiration of the lease, and thereafter commenced this plenary action seeking to recover its security deposit. We agree that such recovery is precluded by the relevant clause in the lease, which provides that tenant "shall forfeit all security deposits" (emphasis added) in the event tenant prematurely terminated the lease. That landlord eventually secured a replacement tenant (with the assistance of a broker it retained) does not serve to trigger tenant's limited right to return of the security deposit under the plain language of the lease as drafted. Landlord's evidence established prima facie that, under the clear and unambiguous language of the lease, which we are required to enforce according to its plain meaning ( see W.W.W. Assoc., Inc. v Giancontieri, 77 NY2d 157, 162), tenant "forfeit[ed]" its security deposit. In opposition, tenant failed to raise a triable issue. Accordingly, landlord's motion for summary judgment should have been granted ( see CPLR 3212[b]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.