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HAWTHORNE GARDENS, LLC v. SALMAN HOME, INC.

Nos. 7261, 102981/07.

94 A.D.3d 425 (2012)

941 N.Y.S.2d 489

2012 NY Slip Op 2436

HAWTHORNE GARDENS, LLC, Respondent, v. SALMAN HOME, INC., et al., Defendants, and RAFAEL SALMAN, Appellant.

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

Decided April 3, 2012.

Although the guaranty was only for the first two years of the lease, the court properly awarded the landlord the entire accelerated rent amount through the end of the six-year lease term. This did not subject the individual guarantor to a greater obligation than he intended or offend the rule of strict construction of guaranties (see generally Lo-Ho LLC v Batista, 62 A.D.3d 558, 559-560 [2009]). The possibility of acceleration was...

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