2752-2753. MOON 170 MERCER, INC., plf-res, v. ZACHARY VELLA, def-ap — MOON 170 MERCER, Plaintiff-res-ap, v. ZACHARY VELLA, Defendant-Appellant-res — Steven Landy & Associates, PLLC, New York (David A. Wolf of counsel), for appellant/appellant-res — Cordova & Schwartzman, LLP, Garden City (Jonathan B. Schwartzman of counsel), for respondent/res-res — Orders, Supreme Court, New York County (Barry R. Ostrager, J.), entered May 19, 2016, which denied defendant’s motions for summary judgment and for sanctions, and denied plaintiff’s motions for summary judgment and for an order of preclusion, unanimously modified, on the law, to grant plaintiff’s motion for summary judgment, and otherwise affirmed, without costs. The Clerk is directed to enter judgment in favor of plaintiff and against defendant in the amount of $1,070,682.08, together with interest.
In this action to enforce a guaranty of rent payments pursuant to a commercial lease, plaintiff was previously granted summary judgment on the issue of defendant’s liability, and the matter was remanded for discovery and a trial on damages (Moon 170 Mercer, Inc. v. Vella, 122 AD3d 544 [1st Dept 2014]). Upon remand, the motion court correctly denied defendant’s motion for summary judgment limiting his damages to unpaid rent that accrued when the tenant occupied the premises. Defendant argues that the lease never went into effect because its commencement was conditioned on delivery of the board’s recognition and attornment agreement and a written copy of the board’s waiver of first refusal, which never occurred. Nevertheless, the tenant signed the lease, occupied the premises for years, and made rent payments during that time, thus ratifying the lease terms (see U.O.T.S. Inc. v. DeBaron Assoc. LLC, 89 AD3d 538 [1st Dept 2011]; see also Townhouse Co. v. Williams, 307 AD2d 223 [1st Dept 2003]; Anyang-Kusi v. Solomon, 24 Misc 3d 140[A], 2009 NY Slip Op 51695[U] [App Term, 1st Dept 2009]).
