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150 BROADWAY N.Y. ASSOCIATES, L.P. v. SHANDELL

6326, 601950/09.

90 A.D.3d 498 (2011)

934 N.Y.S.2d 154

2011 NY Slip Op 8991

150 BROADWAY N.Y. ASSOCIATES, L.P., Appellant-Respondent, v. RICHARD SHANDELL, Respondent, and SHOSHANNA BOOKSON, Respondent-Appellant, et al., Defendants.

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

Decided December 13, 2011.

In an action against former law firm partners seeking to recover the firm's rent arrears and other charges from the individual partner guarantors, the motion court properly interpreted the guaranty's provision for the release of withdrawing partners' obligations. The guaranty's requirement that the firm be "then current" in its payment of rent at the time of a guarantor's withdrawal is not to be interpreted in a hypertechnical manner that is contrary to the purpose of the...

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