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U.S.B.M. REALTY CO., INC. v. STUDIO MACBETH, INC.

46 A.D.3d 317 (2007)

847 N.Y.S.2d 189

U.S.B.M. REALTY CO., INC., Respondent, v. STUDIO MACBETH, INC., Defendant, and RAY DOWNING, Appellant.

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

Decided December 13, 2007.

The guaranty at issue, which is to be strictly construed (see White Rose Food v Saleh, 99 N.Y.2d 589, 591 [2003]), unambiguously provided that in the event the corporate defendant exercised its right to terminate its 10-year lease so long as certain conditions were satisfied, including the tenant's forfeiture of the security deposit and payment of all rent and additional rent due, defendant...

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