The payment of full rent arrears, completed before the tenant executed the written lease expiring October 31, 1974, and the changes made by the tenant in its operations at its "finger" newsstands are not, as a matter of law, "unequivocally referable" to the alleged oral five-year renewal so as to constitute part performance. (Burns v McCormick, 233 N.Y. 230, 232). The "changes" are nowhere delineated but are stated in broad generalities, accompanied by no valuation...
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