RUNFOLA v. CAVAGNARO

2010-07219.

78 A.D.3d 1035 (2010)

910 N.Y.S.2d 910

AGATINA RUNFOLA, Appellant, v. DAVID CAVAGNARO et al., Respondents. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 23, 2010.


Ordered that the judgment is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court's calculation of damages was not erroneous. In its decision dated April 20, 2010, which addressed the issue of liability, the Supreme Court correctly determined that because the lease in question does not contain an acceleration clause, the defendants were not liable to the plaintiff landlord, pursuant to their personal guaranty of the subject lease, for any...

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