RALEIGH ASSOCS., INC. v. HENRY II


277 A.D. 978 (1950)

Raleigh Associates, Inc., Appellant-Respondent, v. Ryder Henry II, as Administrator with the Will Annexed of Emily S. Jackson, Deceased, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 24, 1950.


We agree with the decision of the trial court in all respects except as to its holding that plaintiff unconditionally renewed the lease. It is quite clear from the letter of plaintiff to defendant, purporting to exercise the option to renew, that it was intended to renew the lease as modified, and the action for a declaratory judgment was instituted and has been conducted by both parties on the claim of plaintiff that it was entitled to and had renewed the lease on the basis...

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