Lane NY Realty Holding LLC v. CLDC Inc.

OPINION OF THE COURT

Scott Fairgrieve, J.

Background

Defendants CLDC Inc. and Cheryl LaRocca move for summary judgment, dismissing plaintiff’s complaint. Plaintiff cross-moves for summary judgment against defendants.

The central issue in this case is whether the surrender of possession of the premises by express agreement terminated the defendant tenant CLDC Inc.’s liability under the lease, and the defendant guarantors’ obligations pursuant to the guaranty.

The verified complaint, dated December 5, 2015, alleges that plaintiff landlord and defendant CLDC entered into a lease for the premises…