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

240 A.D.2d 460 (1997)

658 N.Y.S.2d 444

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

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

June 9, 1997

Ordered that the order and judgment is affirmed, with costs.

The general rule is that a tenant who fails to timely exercise an option to renew a lease is without a remedy at law. However, equity will intervene to relieve a tenant from the consequences of the tenant's inadvertence or neglect to timely exercise a renewal option so long as there is no prejudice to the landlord (J.N.A. Realty Corp. v Cross Bay Chelsea

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