Legal Opinion
Madison Avenue Leasehold, LLC v. Madison Bentley Associates LLC
New York Court of Appeals
Decided December 19, 2006PublishedCited by 44 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
In this action brought by a landlord to collect on a personal guaranty signed by two individuals, the issue is whether a tenant who paid monthly rent but did so in an untimely manner was in “monetary default” under the terms of the lease and guaranty. Based on the particular language chosen by the parties in these documents, we conclude that the late payment of rent in this case did not constitute a “monetary default.”
Plaintiff, Madison Avenue Leasehold, LLC, is the owner of a building at 437 Madison Avenue in New York City. Through an agent, plaintiff entered…
2Cases cited4 opinions
- Vermont Teddy Bear Co. v. 538 Madison Realty Co.New York Court of Appeals · 2004
- South Road Associates, LLC v. International Business Machines Corp.New York Court of Appeals · 2005
- Fifty States Management Corp. v. Pioneer Auto Parks, Inc.New York Court of Appeals · 1979
- HK New Plan Marwood Sunshine Cheyenne, LLC v. Onofrey Food Services, Inc.Indiana Court of Appeals · 2006
3Cited by44 opinions
- Cooperatieve Centrale Raiffeisen-Boerenleenbank, B.A. v. Francisco Javier Herrera NavarroNew York Court of Appeals · 2015
- Awards. Com, LLC v. Kinko's, Inc.New York Court of Appeals · 2010
- EchoStar Satellite L.L.C. v. ESPN, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Messer v. Bentley Manhattan Inc. (In re Madison Bentley Associates, LLC)District Court, S.D. New York · 2012
- Woodhams v. Allstate Fire & Casualty Co.Court of Appeals for the Second Circuit · 2012
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