830 Eighth Ave. LLC v. Global at 8th LLC, 2021 NY Slip Op 05280 (2021)

Citation: 830 Eighth Ave. LLC v. Global at 8th LLC, 2021 NY Slip Op 05280 (2021)
Parent Document: 830 Eighth Ave. LLC v. Global at 8th LLC, 2021 NY Slip Op 05280 (2021)
Jurisdiction: New York (state)
Effective Date: 2021-10-05
Original Source: https://www.courtlistener.com/opinion/5289266/830-eighth-ave-llc-v-global-at-8th-llc/ ↗

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The alleged subtenant's holdover on the premises prevented defendants from surrendering the entire leased premises, thus rendering defendants liable for the full rent for the period under the terms of the lease and the guaranty (1133 Bldg. Corp. v Ketchum Communications, 224 AD2d 336, 336 [1st Dept 1996], lv dismissed 88 NY2d 963 [1996], lv denied 89 NY2d 816 [1997]). As a result, rent was owed through July 21, 2020, the date that the alleged subtenant's rights were judicially terminated. Furthermore, plaintiff calculated the damages correctly and gave credit to defendants for the security deposit.

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