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You are here: Home1 / Administrative Law2 / THE “GUARANTY LAW,” ENACTED BY THE NYC COUNCIL DURING COVID,...
Administrative Law, Constitutional Law, Contract Law, Landlord-Tenant

THE “GUARANTY LAW,” ENACTED BY THE NYC COUNCIL DURING COVID, DID NOT VIOLATE THE CONTRACTS CLAUSE OF THE U.S. CONSTITUTION (DISAGREEING WITH THE SOUTHERN DISTRICT); THE GUARANTY LAW PRECLUDED THE ENFORCEMENT OF PERSONAL LIABILITY GUARANTIES OF CERTAIN COMMERCIAL LEASES FOR 16 MONTHS (FIRST DEPT)

The First Department, in a full-fledged opinion by Justice Rosado, over a dissenting opinion, determined the “guaranty law,” enacted during COVID, did not violate the Contracts Clause of the US Constitution:

This case calls on us to determine the constitutionality of New York City Administrative Code § 22-1005, commonly referred to as the “guaranty law.” Enacted by the New York City Council in the early stages of the COVID-19 pandemic, the guaranty law precluded the enforcement of personal liability guaranties of certain commercial leases for a statutorily prescribed 16-month period. Principally, we are asked to decide whether this law, which the City Council passed as a means of mitigating the economic fallout of the public health crisis and to help small business owners avoid personal bankruptcy, impermissibly impairs existing contractual obligations in violation of the Contracts Clause of article I, section 10 of the United States Constitution. … [W]e conclude that the guaranty law does not violate the Contracts Clause.

[Overview of the facts:]

… [T]he landlord entered into a lease agreement with the tenant to rent the lower level of its building … for a 10-year term expiring on August 31, 2025. As principal of the tenant, a gallery that conducts shows for artists and sells artwork, the guarantor signed a “good guy” guaranty, agreeing to personally guaranty the tenant’s obligations under the lease. …

In March 2020, the tenant stopped paying rent, and by email dated November 1, 2020, the guarantor informed the landlord that the tenant intended to surrender the space back to the landlord on November 30, 2020. The tenant agreed to forfeit the security deposit to “settle up,” and by email dated December 7, 2020, the guarantor informed the landlord that the tenant had closed the gallery and returned the keys that day.

The landlord commenced this action against the tenant and the guarantor, asserting causes of action for (1) breach of lease, (2) breach of guaranty, (3) attorneys’ fees under the guaranty, and (4) attorneys’ fees under the lease. The landlord sought to enforce the lease and personal guaranty … . 513 W. 26th Realty LLC v George Billis Galleries, Inc., 2026 NY Slip Op 06058, First Dept 10-20-26

 

October 20, 2026
Tags: First Department
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https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png 0 0 Bruce Freeman https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png Bruce Freeman2026-10-20 20:11:592026-10-27 20:36:22THE “GUARANTY LAW,” ENACTED BY THE NYC COUNCIL DURING COVID, DID NOT VIOLATE THE CONTRACTS CLAUSE OF THE U.S. CONSTITUTION (DISAGREEING WITH THE SOUTHERN DISTRICT); THE GUARANTY LAW PRECLUDED THE ENFORCEMENT OF PERSONAL LIABILITY GUARANTIES OF CERTAIN COMMERCIAL LEASES FOR 16 MONTHS (FIRST DEPT)
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NEW YORK COURTS HAVE JURISDICTION OVER A NEW JERSEY RADIOLOGIST IN THIS MISDIAGNOSIS MEDICAL MALPRACTICE ACTION PURSUANT TO TWO PROVISIONS OF CPLR 302(a) (FIRST DEPT).
DEFENDANT’S REPEATED REQUESTS TO REPRESENT HIMSELF WERE NOT ADEQUATELY ADDRESSED BY THE THREE JUDGES TO WHOM THE REQUESTS WERE MADE; CONVICTION REVERSED AND NEW TRIAL ORDERED (FIRST DEPT). ​
ORDINANCE OR LAW ENDORSEMENT DID NOT REQUIRE INSURER TO PAY FOR REMEDIATION OF CODE VIOLATIONS NOT RELATED TO THE COVERED DAMAGE.
THE ARRESTING DETECTIVE SHOULD NOT HAVE BEEN ALLOWED TO IDENTIFY THE PERSON DEPICTED IN SURVEILLANCE VIDEOS AS THE DEFENDANT, NEW TRIAL ORDERED (FIRST DEPT).
THE JUDGE SHOULD HAVE INQUIRED FURTHER WHEN SEVERAL PROSPECTIVE JURORS INDICATED THEY WOULD BE INCLINED TO BELIEVE THE VICTIM IN THIS SEXUAL ABUSE CASE, NEW TRIAL ORDERED (FIRST DEPT).
THE SOCIAL SERVICES LAW PROHIBITS THE RELEASE OF THE NAMES AND ADDRESSES OF PERSONS RECEIVING PUBLIC ASSISTANCE; THEREFORE THE FOIL REQUEST FOR THE ADDRESSES OF HOMELESS SHELTERS SHOULD HAVE BEEN DENIED (FIRST DEPT).
PLAINTIFF SUED THE CITY AND POLICE UNDER 42 USC 1983 ALLEGING THE CITY AND POLICE HAD AN UNCONSTITUTIONAL POLICY OR PRACTICE ALLOWING POLICE OFFICERS TO FILE FALSE CHARGES, TESTIFY FALSELY AND FALSIFY EVIDENCE WITHOUT CONSEQUENCES; PLAINTIFF WAS ENTITLED TO RECORDS OF SIMILAR COMPLAINTS OR INVESTIGATIONS PURSUANT TO THE CPLR DISCOVERY PROVISIONS AND WAS NOT RESTRICTED TO A FOIL REQUEST (FIRST DEPT).
STATE DESIGN DEFECT AND FAILURE TO WARN ACTION IS PREEMPTED BY THE FEDERAL HAZARDOUS MATERIALS TRANSPORTATION ACT (HMTA), CRITERIA EXPLAINED (FIRST DEPT).
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