Lerner Stores Corp. v. Parklane Hosiery Co.

Order unanimously affirmed, with costs. Memorandum: Plaintiff Lerner Stores Corporation was the lessor of certain premises in the City of Rochester which were leased to Ralph’s Rochester, Inc. Defendant Parklane Hosiery Co., Inc., was the guarantor of Ralph’s Rochester, Inc.’s, obligations to plaintiff under the lease agreement. This action was brought to recover damages under the guarantee agreement as a result of the tenant’s default under the terms of its lease in failing to make payments due on rent and various utility charges. Defendant appeals from an order granting summary judgment in…