3RD AND 60TH ASSOC. SUB LLC v. THIRD AVE. M & I, LLC

Index No. 653833/20. Appeal No. 14719. Case No. 2021-01402.

199 A.D.3d 601 (2021)

157 N.Y.S.3d 434

2021 NY Slip Op 06647

3rd and 60th Associates Sub LLC, Appellant, v. Third Avenue M & I, LLC, et al., Respondents.

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

Decided November 30, 2021.


Attorney(s) appearing for the Case

Cyruli Shanks & Zizmor LLP, New York ( James E. Schwartz of counsel), for appellant.

Jacobs PC, Kew Gardens ( Eduard Kushmakov of counsel), for respondents.

Concur—Renwick, J.P., Mazzarelli, Moulton, Scarpulla, Higgitt, JJ.


The motion court properly dismissed the amended complaint against the individual defendants-guarantors under Administrative Code of the City of New York § 22-1005, which provides immunity from the enforcement of certain commercial lease guaranties where personal liability arose (1) as a result of the pandemic-related executive orders affecting the tenant's business and (2) fell within the statutory period of March 7, 2020, to June 30, 2021. Administrative Code §...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases