MENDEZ & SCHWARTZ WHOLESALE DISTRIB. CORP. v. 4701 SECOND AVE. CORP.


67 A.D.2d 680 (1979)

Mendez & Schwartz Wholesale Distributing Corp., Appellant, v. 4701 Second Avenue Corp., Respondent

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

January 15, 1979


Judgment affirmed, with costs.

By the terms of a lease the plaintiff tenant was granted an option to renew for a period of five years, "Provided that the Tenant shall fully and faithfully perform all of the terms and conditions of this lease". In order to exercise the option the plaintiff was required to provide the defendant landlord with written notice, by certified or registered mail, not later than 180 days prior to the expiration of the lease. The trial court...

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