Renaissance Midtown W. LLC v. Lividini & Co., LLC: Appeals Court Affirms Dismissal of Landlord's Unpaid-Rent and Guaranty Claims

Commercial Lease Disputes Ruling Issued
Date
October 27, 2026
Added to tracker
October 28, 2026
Court or forum
Appellate Division of the Supreme Court of the State of New York, First Department
State
New York
Amount / scale
Unpaid rent for balance of lease term (amount not stated in opinion)
Parties
Plaintiff-Appellant: Renaissance Midtown West LLCDefendant-Respondent: Lividini & Company, LLC

A New York appeals court affirmed dismissal of Renaissance Midtown West's suit against former tenant Lividini & Company, holding the landlord forfeited its rent claim by reentering and reletting the space without giving the lease-required notice.

The Appellate Division, First Department unanimously affirmed dismissal of Renaissance Midtown West LLC's amended complaint against former office tenant Lividini & Company, LLC, holding the landlord was required to give the tenant notice under the lease's conditional-limitation clause before reentering and reletting the space after the tenant vacated early. The court also affirmed dismissal of the landlord's guaranty claim, because the lease's attached guaranty form was never signed, and its veil-piercing claim against the tenant's principal, for lack of factual allegations of domination and abuse of the corporate form.

Why it matters

The decision is a reminder that New York courts enforce commercial lease notice-and-cure provisions literally regardless of a landlord's stated intent, so a landlord that accepts a vacating tenant's surrender without reserving its rights in writing and without serving the lease's own default notices can forfeit even a straightforward unpaid-rent claim for the balance of the term. It also reinforces two recurring drafting and litigation pitfalls: an unsigned guaranty form attached to a lease is unenforceable under New York's statute of frauds, and veil-piercing claims against a tenant's principal require more than bare allegations about commingled funds.

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A New York appeals court has handed commercial landlords a costly reminder about the price of skipping lease notice procedures, even when a tenant has clearly abandoned its space. On October 27, 2026, the Appellate Division of the Supreme Court of the State of New York, First Department, unanimously affirmed the dismissal of Renaissance Midtown West LLC's lawsuit against its former office tenant, Lividini & Company, LLC, and the tenant's principal, rejecting claims for unpaid rent, breach of guaranty, and corporate veil-piercing in a single, tightly reasoned order.

Case timeline · 4 entries Latest: October 27, 2026 — Appellate Division, First Department unanimously affirms dismissal

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