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TRAINA v. MAWBY'S INC.

163 A.D.2d 876 (1990)

Carl D. Traina, Appellant, v. Mawby's Incorporated, Respondent. (Action No. 1.) Carl D. Traina, Appellant, v. Mawby's Inc., Respondent. (Action No. 2.) Patricia Bowman, as Executrix of John Grieco, Deceased, Plaintiff, v. Carl Traina, Appellant, et al., Defendants. (Action No. 3.)

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

July 13, 1990

Order and judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly declared that the lease between the parties was valid and properly directed plaintiff to comply with the option to purchase contained in the lease. Defendant had the right to exercise the option at any time prior to the expiration of the lease (see, Masset v Ruh, 235 N.Y. 462) and defendant properly did so on February 27, 1989. Accordingly, defendant was...

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