Plaintiff appeals 1) from an order of the Civil Court, New York County (Anil Singh, J.), entered April 21, 2005, which granted its motion for summary judgment only to the extent of awarding it judgment against defendant in the amount of $2,046.14 for unpaid rent prior to June 1, 2003 and denied its application for attorney's fees, and 2) from an order (same court and Judge), entered May 23, 2005, which, upon reargument, adhered to the prior determination.

PER CURIAM:

Order (Anil Singh, J.), entered May 23, 2005, affirmed, without costs. Appeal from order entered April 21, 2005 (Anil Singh, J.) dismissed, without costs, as superceded by the appeal from the order of May 23, 2005.

The terms of the underlying guaranty, which are to be strictly construed in favor of the defendant guarantor (see Levine v Segal, 256 AD2d 199, 200 [1998]), obligated defendant to guarantee tenant's performance of the lease terms in the event the lease was "renewed, changed or extended in any way". "Since a guarantor should not be bound beyond the express terms of his guarantee' (Wesselman v Engel Co., 309 NY2d 27, 30 [1955]), and since it is undisputed that there was no written lease extension beyond [May 31, 2003], the guaranty lapsed, releasing the defendant[ ]. . . from liability under the lease." (665-75 Eleventh Ave. Realty Corp. v Schlanger, 265 AD2d 270, 271 [1999]).
This constitutes the decision and order of the court.
I concur I concur
Decision Date: August 3, 2006