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JNA REALTY v. CROSS BAY

42 N.Y.2d 392 (1977)

J. N. A. Realty Corp., Respondent, v. Cross Bay Chelsea, Inc., Appellant, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 16, 1977.

Attorney(s) appearing for the Case

Vincent F. Nicolosi and Frank M. Nicolosi for appellant.

Samuel Shapiro for respondent.

Judges GABRIELLI, FUCHSBERG and COOKE concur with Judge WACHTLER; Chief Judge BREITEL dissents and votes to affirm in a separate opinion in which Judges JASEN and JONES concur.

WACHTLER, J.

J. N. A. Realty Corp., the owner of a building in Howard Beach, commenced this proceeding to recover possession of the premises claiming that the lease has expired. The lease grants the tenant, Cross Bay Chelsea, Inc., an option to renew and although the notice was sent, through negligence or inadvertence, it was not sent within the time prescribed in the lease. The landlord seeks to enforce the...

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