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WARREN ST. ASSOCS. v. CITY HALL TOWER CORP.

202 A.D.2d 200 (1994)

608 N.Y.S.2d 429

Warren Street Associates, Appellant-Respondent, v. City Hall Tower Corp., Respondent-Appellant

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

March 3, 1994

Although the rule against perpetuities generally does not apply to options appurtenant to leases (Metropolitan Transp. Auth. v Bruken Realty Corp., 67 N.Y.2d 156, 165), the IAS Court properly held that the six 25-year renewal options contained in paragraph 14 of the lease are null and void since they could be exercised after the initial lease term had expired (see, Restatement of Property § 395). Nor should the court...

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