Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
Equity will relieve a tenant from a failure to timely exercise an option in a lease to renew or purchase if (1) the tenant in good faith made substantial improvements to the premises and would otherwise suffer a forfeiture, (2) the tenant's delay was the result of an excusable default, and (3) the landlord was not prejudiced by the delay (see J.N.A. Realty...
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