ELITE GOLD, INC. v. TT JEWELRY OUTLET CORP.


31 A.D.3d 338 (2006)

819 N.Y.S.2d 516

ELITE GOLD, INC., Appellant, v. TT JEWELRY OUTLET CORP. et al., Respondents.

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

July 27, 2006.


Pursuant to a written lease, defendant rented a booth in plaintiff's leased premises for the period from May 1, 2002 to April 30, 2003 at a monthly rate of $6,500. As pertinent to this appeal, the lease contains a right to extend the lease for two additional years at a rental increase of 5% each year upon timely written notice to plaintiff (¶ 40 of the rider to lease), a no waiver clause which, inter alia, provides that "[t]he receipt by Owner of rent and/or additional...

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