Appellate Division, First Department · October 1, 2026 · 2026 NY Slip Op 05591
62 Wooster, LLC v TML N.Y. Inc.
Read the official decision: 2026 NY Slip Op 05591
Holding The court affirmed the dismissal of claims against guarantors, holding that the guaranties were ambiguous due to conflicting surrender and good guy clauses. Applying the contra proferentem rule against the landlord who drafted the documents, the court determined the guarantors’ liability terminated upon the tenant’s physical surrender of the premises.
The court’s words
the surrender clause and the good guy clause create ambiguity and irreconcilable conflict
2026 NY Slip Op 05591, at the official text
the guarantors' liability terminated on September 30, 2020, and we therefore affirm
2026 NY Slip Op 05591, at the official text
Construing the ambiguity in the guarantors' favor, the guarantors' liability terminated on September 30, 2020
2026 NY Slip Op 05591, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 1, 2026 |
| Citation | 2026 NY Slip Op 05591 |
| Area of law | Contracts and Commercial |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05591 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 746 |
Recommended citation
ESQ HQ, New York Law Watch, 62 Wooster, LLC v TML N.Y. Inc., 2026 NY Slip Op 05591 (Appellate Division, First Department, October 1, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05591/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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