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WALDBAUM, INC. v. FIFTH AVE.

85 N.Y.2d 600 (1995)

650 N.E.2d 1299

627 N.Y.S.2d 298

Waldbaum, Inc., Respondent, v. Fifth Avenue of Long Island Realty Associates, Appellant.

Court of Appeals of the State of New York.

Decided May 9, 1995.

Attorney(s) appearing for the Case

Carb, Luria, Glassner, Cook & Kufeld, New York City (Stephen J. Fallis, Seymour Shainswit and James E. Schwartz of counsel), for appellant.

Hertzog, Calamari & Gleason, New York City (William Simon and Lina M. Viviano of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur.

LEVINE, J.

Plaintiff operates a chain of supermarkets in the Metropolitan New York City area. Since 1959, it has leased space for one of its markets at defendant's shopping center in Manhasset, Long Island. In 1978 the parties entered into a restatement of lease for an initial term of 15 years, ending in March 1994, with two five-year renewal options. Written notice of the exercise of the option to renew had...

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