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FRANKLIN ASSOCS. v. GSL ENTERS., INC.

248 A.D.2d 251 (1998)

669 N.Y.S.2d 822

Franklin Associates, Respondent-Appellant, v. Gsl Enterprises, Inc., as Agent and Nominee for The Estate of Sol Goldman, Deceased, Appellant-Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 19, 1998

The deferred rent that defendant is seeking to collect clearly did not, under the parties' second lease modification, become due until September 1, 1992, and is therefore uncollectible, it being law of the case that plaintiff "is not responsible for any obligations under the lease incurred after September 6, 1991" (213 A.D.2d 313). Indeed, defendant's answer never pleaded that this rent accrued...

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