Shree Shiv Shakti Corp. v. Khalid Properties, LLC, 106 A.D.3d 1434 (2013)

*1437However, as to plaintiff’s cause of action for breach of the lease, we agree with Supreme Court that there are factual issues posed as to whether Khalid complied with the requirement that it “use its best efforts to minimize interference with [plaintiffs] business.” Demonstrating “best efforts” requires more than showing good faith, and the issue “almost invariably” poses questions of fact (Kroboth v Brent, 215 AD2d 813, 814 [1995]; see Town of Roxbury v Rodrigues, 277 AD2d 866, 867 [2000], lv denied 96 NY2d 708 [2001]). Here, as Supreme Court noted, the removal and replacement of the USTs took nine months, plaintiffs parking lot was substantially affected, and plaintiff argues that the sale of gasoline was integral to its economic survival. We do not find Khalid’s mere assertion that it acted promptly supports judgment as a matter of law in these circumstances. Further, questions of fact are posed as to whether the terms of the personal guaranty signed by Patel encompassed the extended lease and, thus, summary judgment on the third-party complaint is not appropriate (see generally Lo-Ho LLC v Batista, 62 AD3d 558 [2009]).