LF LLC v. Iradj Moini, et al., Defendants–Respondents. (2015)

Supreme Court, Appellate Division, First Department.

LF East Property Co., LLC, Plaintiff–Appellant, v. Iradj Moini, et al., Defendants–Respondents.

1487 8 21

Decided: April 21, 2015

Friedman J.P., Renwick, Moskowitz, DeGrasse, JJ.

Axelrod, Fingerhut & Dennis, New York (Osman Dennis of counsel), for appellant. Kolodny P.C., New York (Peter Kolodny of counsel), for respondents.

Order, Supreme Court, New York County (Debra A. James, J.), entered December 18, 2013, which, to the extent appealed from as limited by the briefs, granted defendants' cross motion for summary judgment dismissing the complaint as against defendant Iradj Moini, unanimously affirmed, without costs.

Given the plain terms of the agreements (see W.W.W. Assoc. v. Giancontieri, 77 N.Y.2d 157, 162 [1990]; Sharp v. Stavisky, 221 A.D.2d 216 [1st Dept 1995], lv dismissed 87 N.Y.2d 968 [1996] ), the court properly concluded that defendant guarantor Iradj Moini had been relieved of any liability to plaintiff landlord. Under the Good Guy Guaranty, Iradj Moini was responsible only for defendant tenant Moini & Moini, Inc.'s obligations up to and until the date it vacated the premises. As the tenant was current on its payments on that date, as required by the Stipulation of Settlement, the rent waiver under the Stipulation had not been rendered null or void, and, thus, had not yet become an obligation.

CLERK

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network