In a March 4, 2011 decision by Justice Oing the Court granted a commercial landlord summary judgment on its claim for rent against the guarantor of a lease. The tenant vacated the premises owing rent. The landlord re-let the premises (even though it did not have an obligation to do so) and sought from the principal/guarantor the difference between the rent under the old lease and the rent being paid by the new tenant. The guarantor alleged a number of affirmative defenses, including lack of personal jurisdiction and equitable defenses.
The Court found that the guarantor failed to oppose the prima facie evidence that he was properly served (the affirmation of service). The Court further found that the other equitable defenses were without merit and granted plaintiff’s motion for summary judgment on its rent claim.
231-239 W. 39th St. Assoc. v. Ulu Inc. and Ulu, Sup Ct, New York Count, March 4, 2011, Oing, J, index No. 601534/09.