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PARK TOWERS SOUTH CO., LLC v. 57 W. OPERATING CO., INC.

7861, 117080/05.

96 A.D.3d 443 (2012)

945 N.Y.S.2d 554

2012 NY Slip Op 4389

PARK TOWERS SOUTH COMPANY, LLC, Appellant, v. 57 W. OPERATING CO., INC., et al., Respondents.

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

June 7, 2012.

Plaintiff landlord correctly asserts that the guarantees and the leases are entirely separate documents, the former imposing obligations on the guarantors and the latter imposing obligations on landlord and tenant. Thus, landlord correctly further asserts that the fact that the guarantors' liability may have been "cut off" by virtue of their giving "vacate date" notice under the "good guy" provisions of the respective guaranties, and the tenant's subsequent vacatur of the...

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