Landlord is denied summary judgment in suit against commercial lease guarantor.
Plaintiff Commercial landlord moved to partial summary judgment in this action brought to recover a debt allegedly owed under a guarantee of a lease. Tenant had defaulted in paying rent. Landlord obtained a warrant of eviction The removal of a tenant from possession of premises in which he or she resides or has a property interest done by a landlord either by reentry upon the premises or through a court action. and some of the rent. In February February: see month. 1998, the tenant, which had vacated the premises, filed a petition in bankruptcy A document filed in a specialized federal court to commence a proceeding to provide a means by which a debtor who is unwilling or financially unable to pay personal debts will satisfy the claims of his or her creditors as they come due. . Landlord brought this action on the guarantee to recover a sum for rent allegedly due from December 1997 through August 1998. The court said landlord did not demonstrate on this motion that the guarantee given by defendant applies to any obligation of the tenant which survived after the issuance of the warrant of eviction. There, was no right to recover "rents" after the issuance of a warrant, but rather the right to recover damages. The motion for summary judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers was denied.
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