McMILLAN v. MARENGO

Index No. 20462/20. Appeal No. 14442-14442A. Case Nos. 2021-00734, 2021-00754.

198 A.D.3d 535 (2021)

152 N.Y.S.3d 888

2021 NY Slip Op 05777

Valeria McMillan et al., Appellants, v. Christopher Marengo, as Administrator of the Estate of Jack Colbert, Deceased, Respondent.

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

Decided October 21, 2021.


Attorney(s) appearing for the Case

LePatner & Associates LLP, New York ( Harry J. Petchesky of counsel), for appellants.

Gerard J. White , Malverne, for respondent.

Concur—Renwick, J.P., Kapnick, Scarpulla, Rodriguez, Higgitt, JJ.


Plaintiffs' right to exercise the option to purchase the house they were renting was valid only during the term of their two-year lease and did not extend to the time they remained in possession as month-to-month tenants, under what the lease called a "new tenancy" (see Gulf Oil Corp. v Buram Realty Co., 11 N.Y.2d 223, 226-227 [1962]; Matter of Lazarus v Flournoy,

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