Renaissance Midtown West LLC v Lividini & Company, LLC

Holding The dismissal of the landlord’s claims was affirmed because the landlord failed to provide the notice required by the lease before reentering and reletting the premises after the tenant vacated. Additionally, the claims for breach of guaranty and piercing the corporate veil were dismissed due to insufficient allegations and lack of documentary evidence.

The court’s words

The amended complaint was properly dismissed for lack of notice under paragraph 17(1) of the parties' lease.

2026 NY Slip Op 06265, at the official text

This triggered the tenant's right to notice under paragraph 17(1) before plaintiff's reentry and reletting of the premises

2026 NY Slip Op 06265, at the official text

The doctrine does not support a separately pleaded claim; it is an assertion of facts and circumstances

2026 NY Slip Op 06265, at the official text

The form is blank and unexecuted. Plaintiff has not sufficiently alleged that a written and executed guaranty exists

2026 NY Slip Op 06265, at the official text