ASHLEY YOUNG LLC v. METRO LIGHTING GROUP INC (2023)

DECISION & ORDER

In an action to recover damages for breach of a commercial lease and to recover on a personal guaranty, the defendants appeal from (1) an order of the Supreme Court, Queens County (Leonard Livote, J.), entered May 15, 2020, (2) an order of the same court dated September 28, 2021, and (3) a judgment of the same court entered October 6, 2021.  The order entered May 15, 2020, granted the plaintiff's motion for summary judgment on the first though sixth causes of action in the complaint.  The order dated September 28, 2021, granted the plaintiff's motion to waive its demand for an award of attorney's fees, with prejudice, which was asserted in the seventh cause of action in the complaint.  The judgment, upon the orders, is in favor of the plaintiff and against the defendants in the principal sum of $506,497.52.

ORDERED that the appeal from the order entered May 15, 2020, is dismissed;  and it is further,

ORDERED that the appeal from the order dated September 28, 2021, is dismissed, as the defendants are not aggrieved by the order (see CPLR 5511);  and it is further,

ORDERED that the judgment is affirmed;  and it is further,

ORDERED that one bill of costs is awarded to the plaintiff.

The appeal from the order entered May 15, 2020, must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647).  The issues raised on the appeal from the order entered May 15, 2020, are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501[a][1]).

The plaintiff commenced this action, inter alia, to recover damages for breach of a commercial lease and to recover on a personal guaranty.  The plaintiff alleged that it leased commercial property to the defendant Metro Lighting Group, Inc. (hereinafter the tenant), and that the defendant Xian Xu Yin executed a personal guaranty of the tenant's obligations under the lease.  The plaintiff alleged that the tenant had defaulted on the payments due under the lease, and that the guarantor had failed to satisfy his obligations pursuant to the guaranty.  The plaintiff moved for summary judgment on the first through sixth causes of action asserted in the complaint.  In an order entered May 15, 2020, the Supreme Court granted the plaintiff's motion.  The court subsequently entered a judgment in favor of the plaintiff and against the defendants in the principal sum of $506,497.52.  The defendants appeal.

The plaintiff established its prima facie entitlement to judgment as a matter of law by demonstrating that Xian Xu Yin unconditionally guaranteed the payment of the tenant's obligations under the lease, that the tenant defaulted on its obligations under the lease, and that Xian Xu Yin defaulted on his obligations under the guaranty (see Barnaba Realty Group, LLC v. Solomon, 121 A.D.3d 730, 730–731, 994 N.Y.S.2d 356).  In opposition, the defendants failed to raise a triable issue of fact (see id. at 731, 994 N.Y.S.2d 356).

Accordingly, the Supreme Court properly granted the plaintiff's motion for summary judgment on the first through sixth causes of action and entered judgment against the defendants and in favor of the plaintiff.

BARROS, J.P., MALTESE, FORD and DOWLING, JJ., concur.