HARLINGTON v. FARMILOE-BURKE


108 Misc.2d 690 (1981)

Harlington Realty Corp., Petitioner, v. Farmiloe-Burke Corp., Respondent.

Civil Court of the City of New York, Trial Term, Queens County.

April 22, 1981


Attorney(s) appearing for the Case

Mark S. Friedlander for petitioner. Courtney & Courtney (John J. Courtney of counsel), for respondent.


ARTHUR J. COOPERMAN, J.

May a tenant under a commercial lease that contains an option to renew be permitted to remain in possession even though it negligently failed to exercise that option for 17 months after the old term expired?

That is the main issue to be decided in this holdover proceeding.

Upon the trial of this matter, the following facts were uncontroverted: The original lease between the parties' predecessors, dated June 1, 1965...

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