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56 Scarlett Assocs. v. Sakele

Summary Judgment Against Guarantor on Liability Granted, Matter Set for Damages Hearing

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45 were read on this motion to/for JUDGMENT — SUMMARY. DECISION ORDER ON MOTION   Plaintiff 56 Scarlett Associates LLC brings this action against Defendant Bradford Sakele as the guarantor of a lease between Plaintiff and Dylman Restaurant, a former tenant of Plaintiff’s property located at 867 9th Avenue. Plaintiff now moves for summary judgment and Defendant opposes the motion. BACKGROUND Pursuant to a lease agreement dated September 1, 2009 (the “Lease”), Plaintiff agreed to lease the ground floor and basement of 867 9th Avenue (the “Premises”) to Dylman Restaurant (the “Tenant”) for a period of eight years and 10 months, to end on June 30, 2018. Defendant owned a majority interest in the Tenant and signed a Guaranty of Lease, Completion Guaranty, and Guaranty of Tenant’s Guarantors (collectively, the “Guaranty”), also dated September 1, 2009. (NYSCEF Doc No. 16.) After Tenant failed to surrender the Premises on the expiration date of the Lease, Plaintiff commenced a holdover proceeding against the Tenant in New York City Civil Court. The Civil Court issued an interim order directing Tenant to pay for one month’s use and occupancy in the amount of $62,238.66, and, pursuant to a stipulation of settlement, the Tenant agreed to surrender the Premises in broom clean condition by September 30, 2018. Plaintiff filed suit against Defendant on October 15, 2018, seeking $619,544.89 in damages and alleging that the Tenant failed to pay the court ordered occupancy fee, failed to vacate the Premises on time, failed to adequately clean the Premises, and removed certain items. (NYSCEF Doc No. 1 at

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