Hawthorne Gardens, LLC v Salman Home, Inc.

Hawthorne Gardens, LLC v Salman Home, Inc. 2012 NY Slip Op 02436 Decided on April 3, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 3, 2012
Friedman, J.P., DeGrasse, Freedman, Abdus-Salaam, JJ.
7261 102981/07

[*1]Hawthorne Gardens, LLC, Plaintiff-Respondent,

v

Salman Home, Inc., et al., Defendant, Rafael Salman, etc., Defendant-Appellant.




Sheldon Farber, New York, for appellant.
Gutman, Mintz, Baker & Sonnenfeldt, P.C., New Hyde Park
(Neil Sonnenfeldt of counsel), for respondent.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered January 19, 2011, as amended January 21, 2011, to the extent that it directed entry of judgment in the principal amount of $686,208 in plaintiff's favor against defendant guarantor, unanimously affirmed, without costs.

Although the guaranty was only for the first two years of the lease, the court properly awarded the landlord the entire accelerated rent amount through the end of the six year lease term. This did not subject the individual guarantor to a greater obligation than he intended or offend the rule of strict construction of guaranties (see generally Lo-Ho LLC v Batista, 62 AD3d 558, 559-560 [2009]). The possibility of acceleration was in the lease that the guarantor signed, and tenant's default in rent and the acceleration took place within the period of the guaranty.

We have considered appellant's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: APRIL 3, 2012

CLERK