FERGANG HOLDING CO. v. 165 FRONT ST. REST. CORP.


119 A.D.2d 496 (1986)

Fergang Holding Co. v. 165 Front Street Restaurant Corp.

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

April 15, 1986


The court at Special Term granted plaintiff-respondent landlord's cross motion for summary judgment and held that the defendant-appellant tenant's exercise of its option to purchase the premises was ineffective and had expired for failure to comply with fire and liability insurance provisions in the lease and that, accordingly, because of the default, the tenant had lost its option to purchase.

We originally modified (supra), to hold that the technical breaches...

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