Appellate Division of the Supreme Court of the State of New York, First Department.
Plaintiff's former lease accorded him a right to purchase the premises only on condition that he had not defaulted on any of the lease terms "whether or not notice of default shall have been given". Thus, although defendant landlord never declared plaintiff to be in default and continued to accept rent from him, albeit in a unilaterally reduced amount, the nonpayment of the prescribed rent sufficed as a ground to deny plaintiff the option to purchase the property. In any...
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