New York Court of Appeals
1995 CAM LLC v. West Side Advisors, LLC
October 21, 20252025 NY Slip Op 05782
Summary
The Court of Appeals held that the guarantor's liability under the negotiated guaranty ended when the tenant vacated and surrendered possession, rather than when the landlord accepted the surrender. Reading the guaranty as a whole, the Court concluded that requiring landlord acceptance would render the guaranty's vacancy and notice provisions superfluous or nonsensical. The judgment and the order granting post-vacatur damages were therefore reversed, and the plaintiff's motions were denied.