CLEO REALTY ASSOCIATES, L.P. v. UPTOWN BIRDS, LLC

600309/10, 16226, 16225

135 A.D.3d 432 (2016)

23 N.Y.S.3d 181

2016 NY Slip Op 00028

CLEO REALTY ASSOCIATES, L.P., Appellant, v. UPTOWN BIRDS, LLC, et al., Respondents.

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

Decided January 7, 2016.


The court correctly found that defendant Andreas satisfied all the relevant conditions for the revocation of her obligations under the lease guaranty, including the condition under the guaranty that she execute and deliver a written surrender agreement in a form and substance reasonably satisfactory to plaintiff landlord, merely by agreeing to accept the changes plaintiff demanded that she make to the surrender agreement she had submitted to plaintiff, and without obtaining...

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