Abart Holdings LLC v Laasch

[*1] Abart Holdings LLC v Laasch 2007 NY Slip Op 51100(U) [15 Misc 3d 142(A)] Decided on May 30, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 30, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., McCooe, Davis, JJ
570151/07.

Abart Holdings LLC, Plaintiff-

against

Shawn L. Laasch, Carl Laasch and Helena Pulvirenti, Defendants-Respondents.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), dated February 23, 2006, which granted the motion of defendants Carl Laasch and Helena Pulvirenti for summary judgment dismissing the complaint as against them and denied plaintiff's cross motion for summary judgment.

PER CURIAM:

Order (Jeffrey K. Oing, J.), dated February 23, 2006, affirmed, without costs.

The defendant-guarantors were properly awarded summary judgment dismissing the complaint as against them. The terms of the underlying guaranty, which are to be strictly construed in favor of defendant-guarantors (see 665-75 Eleventh Ave. Realty Corp. v Schlanger, 265 AD2d 270, 271 [1999]), obligated said defendants to guarantee the tenant's performance of the lease terms in the event of an "extension of time" or renewal of the lease. Since a "guarantor should not be bound beyond the express terms of his guarantee" (Wesselman v Engel Co., 309 NY 27, 30 [1955]), and it being undisputed that there was no lease extension beyond March 14, 2004, the guaranty lapsed, releasing the defendant-guarantors from liability under the lease (see 665-75 Eleventh Ave. Realty Corp. v Schlanger, 265 AD2d at 271 [1999]; Elite Gold Inc. v TT Jewelry Outlet Corp. 31 AD3d 338, 340 [2006]).

Triable issues, including the duration of the holdover period, preclude a summary disposition with respect to plaintiff's first cause of action against defendant-tenant.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 30, 2007