EXPEDITE NYC, INC. v. 1600 STEWART AVENUE, L.L.C.


276 A.D.2d 740 (2000)

715 N.Y.S.2d 160

EXPEDITE NYC, INC., Respondent, v. 1600 STEWART AVENUE, L. L. C., Appellant.

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

Decided October 30, 2000.


Ordered that the order is reversed, on the law, with costs, and the cross motion is denied.

The Supreme Court erred in granting the plaintiff's cross motion for partial summary judgment on the second cause of action. The lease is ambiguous with respect to when the parties intended the renewal term to commence, the determination of which is pivotal in ascertaining whether the plaintiff timely exercised its option to renew (see, M.B.S. Love Unlimited v Jaclyn Realty...

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