MID VALLEY ASSOCIATES LLC v. FOOT LOCKER SPECIALTY INC (2006)

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

MID VALLEY ASSOCIATES, LLC, Plaintiff-Appellant, v. FOOT LOCKER SPECIALTY, INC., formerly known as F.W. Woolworth Co., Defendant-Respondent.

Decided: April 04, 2006

BUCKLEY, P.J., FRIEDMAN, NARDELLI, SWEENY, MALONE, JJ.

Reed Smith LLP, New York (Lance Gotthoffer of counsel), for appellant. Kelley Drye & Warren, LLP, New York (Geoffrey W. Castello of counsel), for respondent.

Order, Supreme Court, New York County (Joan A. Madden, J.), entered April 21, 2005, which, to the extent appealed from, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

In this action against a tenant for unpaid rent, the motion court properly found that plaintiff had recognized defendant's assignee as the new tenant under the lease by accepting rent from it directly and granting it an additional renewal not included in the lease, thus releasing the original tenant, by operation of law, from its obligation to pay rent (cf. 185 Madison Assoc. v. Ryan, 174 A.D.2d 461, 571 N.Y.S.2d 244 [1991] ).

We have considered plaintiff's other contentions and find them unavailing.

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