GIFTS OF THE ORIENT, INC. v. LINDEN COUNTRY CLUB


89 A.D.2d 508 (1982)

Gifts of the Orient, Inc., Appellant, v. Linden Country Club, Respondent

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

July 1, 1982


This is an action for specific performance of an oral agreement, wherein it is alleged that the plaintiff lessee made substantial renovations to the leasehold, thus removing the bar of the Statute of Frauds. It is alleged that the defendant owner refused to renew plaintiff's lease for an additional period of 10 years, as promised. Defendant moved to dismiss the action on the grounds that the complaint failed to state a cause of action (CPLR 3211, subd [a], par 7) and that...

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