MEIER v. BROOKS


22 A.D.2d 56 (1964)

Frank Meier et al., Appellants, v. Chester M. Brooks, Respondent

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

October 29, 1964.


Attorney(s) appearing for the Case

Rumizen & Rumizen (Israel Rumizen of counsel), for appellants.

Magavern, Magavern, Lowe & Beilewech (James L. Magavern and Louis J. La Mantia of counsel), for respondent.

WILLIAMS, P. J., and DEL VECCHIO, J., concur with BASTOW, J.; GOLDMAN and HENRY, JJ., dissent and vote to affirm, in opinion.


BASTOW, J.

The parties to this action in May, 1947 entered into a written agreement by the terms of which plaintiffs leased to defendant a portion of certain premises in the Village of Attica. A dispute has arisen centering upon a renewal clause found in the lease. Specifically the lease reads that the term was for five years from August 1, 1947 "with the option hereby granted to the [tenant] of renewing said...

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