KENYON & KENYON v. LOGANY, LLC


33 A.D.3d 538 (2006)

823 N.Y.S.2d 72

KENYON & KENYON, Respondent, v. LOGANY, LLC, Appellant.

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

Decided October 26, 2006.


Plaintiff, a law firm, occupied most of the nonretail commercial space in the building, including half of the sixth floor. Desirous of expanding into the remaining portion of the sixth floor, which was then occupied by another tenant, plaintiff held an option on that space when it would become available.

Section 48D of the lease required defendant to provide plaintiff with written notice if the rest of the sixth floor became available before plaintiff's option matured...

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