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MADISON AVE. v. MADISON ASSOC.

30 A.D.3d 1 (2006)

811 N.Y.S.2d 47

MADISON AVENUE LEASEHOLD, LLC, Appellant, v. MADISON BENTLEY ASSOCIATES LLC et al., Respondents.

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

March 14, 2006.

Attorney(s) appearing for the Case

Kucker & Bruh, LLP, New York City (Nativ Winiarsky and Patrick K. Munson of counsel), for appellant.

Seymour I. Hurwitz, New York City (David Vanderpool of counsel), for respondents.

MAZZARELLI, FRIEDMAN and CATTERSON, JJ., concur with TOM, J.P.; McGUIRE, J., dissents in a separate opinion.

OPINION OF THE COURT

TOM, J.P.

Defendant Madison Bentley Associates (Bentley) is the assignee of a 10-year lease between plaintiff landlord and nonparty MMC Madison LLC, commencing June 15, 2000, for commercial space to be used to sell luxury automobiles.1 The lessee's payment of rent was guaranteed by the individual defendants under a contemporaneously executed instrument. The...

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