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721 BORROWER LLC v. MOHA

Index No. 650943/21. Appeal No. 15738-15738A. Case Nos. 2021-04046, 2021-04105.

204 A.D.3d 510 (2022)

164 N.Y.S.3d 817

2022 NY Slip Op 02504

721 Borrower LLC, Appellant, v. Jacob Ben Moha et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 19, 2022.

Attorney(s) appearing for the Case

Charles E. Boulbol, P.C., New York (Charles E. Boulbol, of counsel) for appellant.

SDK Heiberger LLP, New York (Steven B. Sperber, of counsel) for respondents.

Concur—Gische, J.P., Webber, Scarpulla, Rodriguez, Higgitt, JJ.

In this action plaintiff landlord seeks to collect unpaid rent from defendant guarantors which accrued before and during the statutory period set forth in Administrative Code of City of NY § 22-1005, which "provides immunity from the enforcement of certain commercial lease guaranties where personal liability arose (1) as a result of the pandemic-related executive orders affecting the tenant's business and (2) fell within the...

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