Two clauses of the sublease are at issue. With regard to the right to renew, we agree that time was of the essence, and that defendant failed to exercise its renewal option in a timely fashion. However, the approximately $67,000 worth of improvements made by defendant after the initial build-out were insufficient to constitute the kind of forfeiture that would justify granting defendant equitable relief from its default (see Chock Full O'Nuts Corp. v NRP LLC I,
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THE TRIESTE GROUP, LLC v. ARK FIFTH AVENUE CORP.
13 A.D.3d 207 (2004)
787 N.Y.S.2d 258
THE TRIESTE GROUP, LLC, Respondent-Appellant, v. ARK FIFTH AVENUE CORP., Appellant-Respondent.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 21, 2004.
December 21, 2004.
Appellate Division of the Supreme Court of the State of New York, First Department.
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