EVA DONUT SHOP, INC. v. PACE


54 A.D.2d 575 (1976)

Eva Donut Shop, Inc., Appellant, v. Frank Pace et al., Respondents

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

September 27, 1976


Judgment reversed, on the law and the facts, with costs, and it is declared that plaintiff properly exercised the option to renew the lease.

In December, 1973 plaintiff purchased a doughnut shop from Hillside Donuts, Inc. With defendant's consent, Hillside assigned its rights under the lease covering the premises to plaintiff. The lease contained a clause which provided: "6. — Tenant, its successors and assigns, shall have the right and option to extend this...

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