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DAN'S SUPREME SUPERMARKETS, INC. v. REDMONT REALTY CO.

216 A.D.2d 512 (1995)

628 N.Y.S.2d 790

Dan's Supreme Supermarkets, Inc., Respondent, v. Redmont Realty Company, Appellant

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

June 26, 1995

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for a preliminary injunction is denied.

The plaintiff operated a supermarket on premises it leased from the defendant. Pursuant to the lease, the plaintiff had the option of renewing the lease term, provided that it exercised the renewal option prior to June 30, 1993. Notably, the lease provision governing exercise of the option states, inter alia, that "[f]ailure to comply...

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