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  5. 149 A.D.2d 179 (1989)
 

OMATH HOLDING v. CITY OF N.Y.

149 A.D.2d 179 (1989)

Omath Holding Company, Inc., Appellant, v. City of New York, Respondent and Third-Party Plaintiff-Respondent, et al., Defendant. Omath Holding Company, Inc., et al., Third-Party Defendants-Appellants

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

August 24, 1989

Attorney(s) appearing for the Case

Edward J. Schwarz for Omath Holding Company, plaintiff-appellant and third-party defendant-appellant.

Fred Kolikoff of counsel (Larry A. Sonnenshein with him on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for City of New York, defendant-respondent.

Jay R. Fialkoff of counsel (Elizabeth M. Smith with him on the brief; Stroock & Stroock & Lavan, attorneys), for Orbach's, Inc., third-party defendant-appellant.

MURPHY, P. J., MILONAS, KASSAL and ROSENBERGER, JJ., concur.

SMITH, J.

The issue here is whether the defendant City of New York in June 1986 properly terminated a 1968 lease agreement with the plaintiff Omath Holding Company, Inc. (Omath) where the lease term never commenced and the development contemplated by the lease had not begun. We conclude, as did the motion court, that the lease agreement was properly terminated.

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