DUANE SALES, INC. v. CARMEL


49 N.Y.2d 862 (1980)

Duane Sales, Inc., Respondent, v. Philip Carmel et al., Appellants.

Court of Appeals of the State of New York.

Decided March 25, 1980.


Attorney(s) appearing for the Case

Harry R. Hayes for appellants.

Richard E. Rowlands for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The judgment appealed from and order of the Appellate Division brought up for review should be reversed, with costs, and the order and judgment of Supreme Court, Albany County, granting defendants' cross motions to dismiss the complaint and supplemental summons and complaint reinstated.

The option provision in the lease between plaintiff and C. Louden Realty Co., landlord, gave plaintiff the right to ...

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