COOPER v. NUMBER 535 PARK AVENUE

2702, 2703, 100708/09

73 A.D.3d 433 (2010)

899 N.Y.S.2d 599

JEFFREY COOPER, O.D., Appellant, v. NUMBER 535 PARK AVENUE, Respondent.

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

Decided May 4, 2010.


We need not decide whether the documentary evidence conclusively establishes that plaintiff failed to renew the lease in compliance with its terms (see American Realty Co. v 64 B Venture, 176 A.D.2d 226, 227 [1991], lv denied 79 N.Y.2d 756 [1992]). Plaintiff's allegations that any deficiencies in the notice were inadvertent and that he has made significant improvements in the premises and accumulated 30 years of...

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