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172 VAN DUZER REALTY CORP., plf-res, v. GLOBE ALUMNI STUDENT ASSISTANCE ASSOCIATION, INC. def-ap

9035. 172 VAN DUZER REALTY CORP., plf-res, v. GLOBE ALUMNI STUDENT ASSISTANCE ASSOCIATION, INC. def-ap — Herzfeld & Rubin, P.C., New York (David B. Hamm of counsel), for ap — Cox Padmore Skolnik & Shakarchy, LLP, New York (Noah Potter of counsel), for res — Judgment, Supreme Court, New York County (Carol Edmead, J.), entered June 20, 2011, awarding plaintiff landlord a total amount of $1,488,604.66, and bringing up for review an order, same court and Justice, entered December 6, 2010, which granted plaintiff summary judgment on the issue of liability, unanimously affirmed, with costs.

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9035. 172 VAN DUZER REALTY CORP., plf-res, v. GLOBE ALUMNI STUDENT ASSISTANCE ASSOCIATION, INC. def-ap — Herzfeld & Rubin, P.C., New York (David B. Hamm of counsel), for ap — Cox Padmore Skolnik & Shakarchy, LLP, New York (Noah Potter of counsel), for res — Judgment, Supreme Court, New York County (Carol Edmead, J.), entered June 20, 2011, awarding plaintiff landlord a total amount of $1,488,604.66, and bringing up for review an order, same court and Justice, entered December 6, 2010, which granted plaintiff summary judgment on the issue of liability, unanimously affirmed, with costs.

In this action for breach of a commercial lease and enforcement of a guarantee, plaintiff seeks damages in connection with a lease entered into in September 2006, for real property located in Staten Island, for a term, as extended, of 10 years. On January 30, 2008, plaintiff issued defendant-tenant Globe Alumni Student Assistance Association, Inc. a notice to cure violations of the lease. Rather than curing the violations, in February 2008, the tenant vacated the premises. Plaintiff then terminated the lease effective as of March 24, 2008.

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