This decision involved an action by a landlord to collect moneys allegedly owed pursuant to a commercial lease. The tenant operated a gym facility. The decision addressed “significant questions about the scope of the protections of conferred on personal guarantors by New York City Administrative Code §22-1005 (§22-1005).”

The landlord had commenced an action against the tenant, seeking unpaid rent that accrued through Oct. 31, 2020. The landlord thereafter moved “to seek post-commencement unpaid rent against tenant.” The landlord also sought leave to add an individual guarantor of the lease as a defendant, and to seek “unpaid rent from the guarantor for, at a minimum, the period running from July 1, 2021, through the filing of this motion.”

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