28 A.D.3d 206 812 N.Y.S.2d 511

Mid Valley Associates, LLC, Appellant, v Foot Locker Specialty, Inc., Formerly Known as F.W. Woolworth Co., Respondent.

[812 NYS2d 511]

Order, Supreme Court, New York County (Joan A. Madden, J.), entered April 21, 2005, which, to the extent appealed from, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

In this action against a tenant for unpaid rent, the motion court properly found that plaintiff had recognized defendant’s assignee as the new tenant under the lease by accepting rent from it directly and granting it an additional renewal not included in the lease, thus releasing the original tenant, by operation of law, from its obligation to pay rent (cf. 185 Madison Assoc. v Ryan, 174 AD2d 461 [1991]).

We have considered plaintiff’s other contentions and find them unavailing. Concur—Buckley, P.J., Friedman, Nardelli, Sweeny and Malone, JJ.

Mid Valley Associates, LLC v. Foot Locker Specialty, Inc.
28 A.D.3d 206 812 N.Y.S.2d 511

Case Details

Name
Mid Valley Associates, LLC v. Foot Locker Specialty, Inc.
Decision Date
Apr 4, 2006
Citations

28 A.D.3d 206

812 N.Y.S.2d 511

Jurisdiction
New York

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