Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

300 EAST 96TH STREET LLC., plf-res, v. SEDAT SAKA, def-app

15-203. 300 EAST 96TH STREET LLC., plf-res, v. SEDAT SAKA, def-app — Order (Lynn R. Kotler, J.), dated September 17, 2014, modified to deny plaintiff's cross motion for summary judgment; as modified, order affirmed, without costs.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

15-203. 300 EAST 96TH STREET LLC., plf-res, v. SEDAT SAKA, def-app — Order (Lynn R. Kotler, J.), dated September 17, 2014, modified to deny plaintiff’s cross motion for summary judgment; as modified, order affirmed, without costs.

This action to recover upon a lease guaranty is not susceptible to summary disposition, since it cannot be concluded, as a matter of law, that the guarantor’s obligations on the 2006 guaranty letter continued beyond the one-year term of the lease agreement that expired on May 1, 2007. Although the preprinted guaranty letter indicated that it covers “all lease renewals,” an ambiguity is created by the handwritten notation in the guaranty, which indicates that the guaranty covers the period “05/01/06 — 05/01/07 one year.” In addition, mixed questions of law and fact are raised as to whether there was, in fact, a “renewal[]” of the original lease, as that term is used in the guaranty, and, if so, whether the increase in rent for the renewal term, “ substantially and impermissibly changed the guarantor’s obligations under the original agreement” (Lo-Ho LLC v. Batista, 62 AD3d 558, 561 [2009]; see 404 Park Partners, L.P. v. Lerner, 75 AD3d 481, 482 [2010]; cf. Jones & Brindisi, Inc. v. Breslaw, 250 NY 147 [1928]).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
Associate

We re a Business Law firm looking to hire an experienced Associate Attorney for our litigation and transactional practices. We have offices ...


Apply Now ›
Deputy District Attorney I/II/III

Salary: $81,785.60 - $131,414.40 Annually Description: The Deputy District Attorney I/II/III performs a variety of professional legal wor...


Apply Now ›
Senior Attorney - Employment and Labor- New York

NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY Invites applications for the position of:Senior Attorney - Employment and LaborThe New York ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements