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SHAPERO v. BON NEUVE REALTY CORP.

221 A.D.2d 258 (1995)

634 N.Y.S.2d 379

Julius Shapero et al., Respondents-Appellants, v. Bon Neuve Realty Corp. et al., Appellants-Respondents, et al., Defendant. (Action No. 1.) 211 West 34th Street Corporation, Plaintiff, v. Kenkil Distributors, Inc., et al., Defendants. (Action No. 2.) Kenkil Distributors, Inc., et al., Appellants, v. 211 West 34th Street Corporation, Respondent. (Action No. 3.)

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

November 28, 1995

The determination that the individual defendants in actions numbers 1 and 2 violated paragraphs 11 and 48 of the lease, and thus were, not entitled to exercise the option to renew, was supported by the evidence (Cohen v Hallmark Cards, 45 N.Y.2d 493, 499). Since such violations negated substantial compliance with the lease and it cannot be said that the landlord was not injured by such noncompliance, defendants were not entitled...

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