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DUTCH CHURCH v. 198 BROADWAY

59 N.Y.2d 170 (1983)

Minister, Elders & Deacons of the Reformed Protestant Dutch Church of the City of New York, Respondent, v. 198 Broadway, Inc., et al., Respondents, and Henry Modell and Co., Inc., Appellant.

Court of Appeals of the State of New York.

Decided June 9, 1983.

Attorney(s) appearing for the Case

Simon H. Rifkind, Walter Feldesman, Lawrence A. Mendelker, Robert S. Smith, David Rosenberg and Eleanor J. Ostrow for appellant.

Anthony M. Dattoma for Minister, Elders and Deacons of the Reformed Protestant Dutch Church of the City of New York, respondent.

Chief Judge COOKE and Judges JASEN, WACHTLER and SIMONS concur with Judge JONES; Judge MEYER dissents and votes to reverse in a separate opinion.

JONES, J.

Where a sublease is expressly made subject to the terms of the master lease, the subtenant has no legal right to compel the tenant to exercise an option granted the latter for renewal of the master lease of the entire premises with a 12-story building in order to enable the subtenant to exercise an option granted it for renewal of its sublease of the ground floor and a part of the basement only, in...

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