KUNZE v. ARITO, INC.


48 A.D.3d 272 (2008)

851 N.Y.S.2d 182

KLAUS KUNZE, Appellant, v. ARITO, INC., Respondent.

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

Decided February 14, 2008.


The parties entered into a one-year lease in 2003 that included an option to renew for an additional year, and an option to purchase the property. Paragraph 50 stated: "If the tenant exercises the right to either renew the lease or purchase the apartment, the tenant must do so prior to sixty days of the expiration of the lease." The court found this language limited the purchase option to the first term of the lease, and not any

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