Z.S.L., Inc. v. Montauk Amityville Realty Corp.
Docket: 2020-03793
Court: Appellate Division of the Supreme Court of the State of New York; July 27, 2022; New York; State Appellate Court
Original Court Document: View Document
Z.S.L. Inc. v. Montauk Amityville Realty Corp. involves a dispute regarding a commercial lease agreement between the plaintiff, Z.S.L. Inc. (tenant), and the defendant, Montauk Amityville Realty Corp. (landlord). The case centers on an alleged breach of the lease by Z.S.L. Inc. after it entered into a new dealer fuel supply agreement without the landlord's consent. On March 30, 2017, the defendant sent a notice to cure to the plaintiff, asserting this breach and requiring correction by May 15, 2017. In response, Z.S.L. Inc. filed a lawsuit on April 14, 2017, seeking a declaration that it was not in breach and seeking injunctive relief. After discovery, the defendant moved for summary judgment, effectively seeking a declaration that the plaintiff was in breach of the lease. The Supreme Court, Suffolk County, granted the defendant's motion on April 27, 2020, concluding that the plaintiff was indeed in breach of the lease. The court clarified that the defendant was not required to demonstrate the specifics of how the notice to cure was mailed or the exact date it was sent as part of its prima facie case. Since the plaintiff did not contest the mailing of the notice in its opposition to the summary judgment, those issues were not considered on appeal. The Appellate Division affirmed the lower court's order and remitted the case back to the Supreme Court for the entry of a judgment declaring the plaintiff in breach of the lease, thereby favoring the defendant.