SY JACK v. PERGAMENT SYOSSET


27 N.Y.2d 449 (1971)

Sy Jack Realty Co., Appellant, v. Pergament Syosset Corp., Respondent.

Court of Appeals of the State of New York.

Decided January 21, 1971.


Attorney(s) appearing for the Case

Ira P. Block and Dennis H. Kops for appellant.

Gerald P. Halpern for respondent.

Judges BURKE, SCILEPPI, BERGAN and GIBSON concur with Chief Judge FULD; Judge JASEN dissents and votes to reverse in a separate opinion in which Judge BREITEL concurs.


Chief Judge FULD.

The controversy having been submitted pursuant to CPLR 3222, the facts are not in dispute. The defendant Pergament Syosset Corp., a retailer, has occupied the store in which it conducts its business for more than 15 years. The premises had been rented from the plaintiff under a lease which expired in June of 1969. The defendant had an option to renew for five additional years provided that notice...

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