1014 FIFTH AVE. REALTY CORP. v. MANHATTAN REALTY CO.


67 N.Y.2d 718 (1986)

1014 Fifth Avenue Realty Corp., Respondent, v. Manhattan Realty Company, Appellant.

Court of Appeals of the State of New York.

Decided February 13, 1986.


Attorney(s) appearing for the Case

Richard B. Cooper for appellant.

Edward J. Ross and James J. Sabella for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in memorandum; Judge HANCOCK, JR., taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and plaintiff's motion for summary judgment denied.

Plaintiff is correct in arguing that its faithful performance of the covenants, conditions and agreements required to be performed by it is a condition precedent to its exercise of the purchase option in the lease which need not be pleaded in its complaint (CPLR 3015 [a]). It does not...

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