HARLINGTON REALTY CO., LLC v. LAWRENCE PLUMBING SUPPLY INC.

Index No. 156301/16. Appeal No. 14997. Case No. 2020-04202.

201 A.D.3d 435 (2022)

156 N.Y.S.3d 748

2022 NY Slip Op 00045

Harlington Realty Co., LLC, Respondent, v. Lawrence Plumbing Supply Inc. et al., Appellants.

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

Decided January 6, 2022.


Attorney(s) appearing for the Case

Paneth & O'Mahony, PLLC, Brooklyn ( Michael Paneth of counsel), for appellants.

Law Offices of Bernard D'Orazio & Associates, P.C., New York ( Steven G. Yudin of counsel), for respondent.

Concur—Kern, J.P., Mazzarelli, Gesmer, González, Higgitt, JJ.


Plaintiff landlord demonstrated its entitlement to summary judgment as to liability on the breach of contract claims against defendant Lawrence Plumbing Supply Inc. under the terms of the lease and against defendant Edward Honig under the terms of the personal guaranty.

The lease obligated Lawrence to pay the full amount of base rent and additional rent through the end of the lease term, without setoff or reduction, regardless of any breach on plaintiff's part (

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