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KAPLAN v. AMSTERDAM VIDEO, INC.

266 A.D.2d 168 (1999)

699 N.Y.S.2d 37

MELVIN KAPLAN et al., Respondents, v. AMSTERDAM VIDEO, INC., Appellant.

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

Decided November 30, 1999.

While the landlord asserts that it never received notice that the tenant was electing to exercise its right to renew the lease, the tenant asserts that it sent the landlord written and timely notice of such election, albeit not by certified mail as required by the lease. It argues that such noncompliance should not result in a forfeiture of the lease because, shortly before the lease expired, it incurred substantial expense in...

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