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BERGHOLD v. KIRSCHENBAUM

287 A.D.2d 673 (2001)

731 N.Y.S.2d 764

WILLIAM F. BERGHOLD et al., Appellants, v. SAMUEL KIRSCHENBAUM et al., Respondents. (And a Third-Party Action.)

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

Decided October 29, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs (hereinafter the tenants) leased commercial property from the defendant 815-829 Franklin Avenue, LLC (hereinafter the landlord). The lease for the property afforded the tenants an option to renew, for either one or two 21-year periods. At issue on this appeal is the second of the two 21-year renewal periods.

The tenants seek a judgment declaring that both renewal options...

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