FANEK v. DUTCHESS PROPERTIES, LLC


34 A.D.3d 722 (2006)

825 N.Y.S.2d 124

LISA FANEK, Appellant, v. DUTCHESS PROPERTIES, LLC, Respondent.

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

Decided November 28, 2006.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to compel specific performance of a purchase option in a lease. However, in support of its motion for summary judgment dismissing the complaint, the defendant demonstrated, prima facie, both that the lease had been terminated and that the purchase option had not been exercised in accordance with the terms and conditions of the lease (see Raanan v Tom's Triangle,

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