5 EAST 41 CHECK CASHING CORP. v. PARK & FIFTH OWNER, LLC


44 A.D.3d 373 (2007)

843 N.Y.S.2d 573

5 EAST 41 CHECK CASHING CORP., Appellant, v. PARK & FIFTH OWNER, LLC, Respondent, et al., Defendant.

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

Decided October 9, 2007.


Plaintiff failed to timely exercise a renewal option from its lease with defendant's predecessor, defendant Tommy Hilfiger 485 Fifth. When the present landlord rejected plaintiff's belated attempt to exercise the option, plaintiff sought a declaratory judgment, inter alia, that it had effectively exercised its option to renew for an additional five-year period.

The notice exercising the option was ineffective because it was not given within the specified period (...

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