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MEC-GUY REALTY CORP. v. AMERADA HESS CORP.

69 A.D.2d 812 (1979)

Mec-Guy Realty Corporation, Appellant, v. Amerada Hess Corporation, Respondent

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

April 2, 1979

Judgment affirmed, with costs.

Whether the instrument executed by the parties was a lease or an agreement to lease is a matter of little or no moment under the factual circumstances of the case. The controlling factor is the clause in the document that if all governmental approvals were not obtained by September 30, 1972 — extended by letter agreements — Hess (defendant) would be entitled to terminate the agreement...

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