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PAGANINI v. 40 W. 127TH ST., LLC

Index Nos. 651548/21, 595254/21. Appeal No. 15692. Case No. 2021-04074.

204 A.D.3d 473 (2022)

167 N.Y.S.3d 61

2022 NY Slip Op 02366

Rebecca Paganini et al., Plaintiffs, v. 40 West 127th Street, LLC, et al., Defendants. 40 West 127th Street, LLC, Third-Party Plaintiff-Appellant, v. John Texter et al., Third-Party Defendants-Respondents.

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

Decided April 12, 2022.

Attorney(s) appearing for the Case

SDK Heiberger LLP, New York ( Steven B. Sperber , of counsel) for appellant.

Singh & Rani, LLP, New York ( Bikram Singh , of counsel) for respondents.

Concur—Renwick, J.P., Friedman, Moulton, Mendez, Pitt, JJ.

The motion court properly dismissed landlord's third-party complaint to enforce the guaranties where the terms of the respective guaranties applied to any "change ... extension of time or renewals" of plaintiffs-tenants' 2018 lease with third-party plaintiff but did not extend to new lease agreements (Elite Gold, Inc. v TT Jewelry Outlet Corp., 31 A.D.3d 338, 340 [1st Dept 2006]). The landlord asserts that the guaranties apply because...

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