Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Harlington Realty Co., LLC v. Lawrence Plumbing Supply Inc.
Citation: 2022 NY Slip Op 00045Docket: Index No. 156301/16 Appeal No. 14997 Case No. 2020-04202
Court: Appellate Division of the Supreme Court of the State of New York; January 5, 2022; New York; State Appellate Court
Original Court Document: View Document
Harlington Realty Co. LLC v. Lawrence Plumbing Supply Inc. (2022 NY Slip Op 00045) involves a dispute over a lease agreement and a personal guaranty. The Appellate Division, First Department, affirmed the Supreme Court's order denying the defendants' motions to compel discovery, impose sanctions, and vacate the note of issue, while granting the plaintiff's motion for summary judgment regarding liability for breach of contract. Key points include: 1. **Lease Obligations**: Lawrence Plumbing Supply Inc. was found contractually obligated to pay full rent without setoff or reduction, even in the event of a breach by Harlington Realty. The lease explicitly prohibits rent offsets and requires that any claims against the landlord be pursued as monetary damages, which Lawrence did not do. 2. **Personal Guaranty**: Edward Honig, as the guarantor, was also held liable under the personal guaranty terms, which serve to protect the guarantor but do not relieve Lawrence of its rent obligations. 3. **Discovery and Sanctions**: The court exercised its discretion in denying the defendants’ motions related to discovery and sanctions, finding that sufficient discovery had already been conducted. The defendants failed to specify any outstanding discovery that could affect their ability to oppose the summary judgment motion. 4. **No Early Termination Clause**: The court clarified that there was no early termination provision in the lease or rider that could absolve Lawrence of its rent obligations. 5. **Final Decision**: The ruling confirmed that even if the plaintiff had breached the lease, Lawrence had no legal right to withhold rent based on the lease terms. The final decision and order were entered on January 6, 2022, affirming the lower court's rulings without costs.