Supreme Court's determination that plaintiff was not entitled to exercise its right to renew the lease was supported by the evidence. The lease provided that tenant could renew the lease for a 5-year period starting February 1, 2011 provided that tenant was not in default of the lease beyond the allowed grace period following the expiration of the lease. This provision made the lease renewal option conditional (see e.g. Ahmed v C.D. Kobsons, Inc.,
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43RD STREET DELI, INC. v. PARAMOUNT LEASEHOLD, L.P.
110073/06-7290.
178 A.D.3d 411 (2019)
113 N.Y.S.3d 695
2019 NY Slip Op 08605
43rd Street Deli, Inc., Doing Business as Bella Vita Restaurant, Appellant-Respondent, v. Paramount Leasehold, L.P., Respondent-Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 3, 2019.
Decided December 3, 2019.
Attorney(s) appearing for the Case
Cornicello, Tendler & Baumel-Cornicello, LLP, New York ( David Tendler of counsel), for appellant-respondent.
Rosenberg & Estis, P.C., New York ( Norman Flitt of counsel), for respondent-appellant.
Concur—Acosta, P.J., Renwick, Mazzarelli, Kapnick, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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