MANGOLD v. KEIP


177 Misc.2d 953 (1998)

679 N.Y.S.2d 240

Elva Mangold, Appellant, v. Dee A. Keip et al., Respondents.

Supreme Court, Appellate Term, First Department.

August 5, 1998


Attorney(s) appearing for the Case

Goldberg, Scudieri & Block, P. C., New York City (Jason Lawrence Rothman of counsel), for appellant. Reid & Priest L. L. P., New York City (Lawrence S. Hirsh of counsel), for Dee A. Keip, respondent. Cutler, Minikes & Fish L. L. P., New York City (Jonathan Z. Minikes of counsel), for Fina Shubert and another, respondents.

FREEDMAN and DAVIS, JJ., concur; PARNESS, P. J., dissents in a separate memorandum.


Per Curiam.

Order dated April 3, 1997 affirmed, with $10 costs.

In this plenary action by a landlord against the three individual guarantors of a closely held corporate tenant's lease, we affirm Civil Court's grant of summary judgment dismissing the complaint against the guarantors. The lease renewal executed by landlord and tenant contained a condition not present in the original lease, permitting landlord to terminate...

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