Summary
In Maisel v. Shanholt (189 App. Div. 831) it is held: "Where a lease in writing gives to the tenant an `option to renew lease for same term of years' the tenant may renew without a new lease for an additional term, and, hence, cannot maintain a suit in equity for the specific performance of the renewal agreement."
Summary of this case from Adelson v. Sacred Associates Realty Corp. No. 1Opinion
December 12, 1919.
Morris Spevack, for the appellant.
J.L. Weinberg, for the respondent.
Plaintiff has mistaken his remedy. The option to renew for another two years, if exercised in time, needed no new lease for the additional term. ( Orr v. Doubleday, Page Co., 223 N.Y. 334.) Hence plaintiff pleaded no case for specific performance, and the judgment and order must be reversed, with costs, and plaintiff's motion for judgment on the pleadings denied, with ten dollars costs.
JENKS, P.J., RICH, PUTNAM, BLACKMAR and JAYCOX, JJ., concurred.
Judgment and order reversed, with costs, and plaintiff's motion for judgment on the pleadings denied, with ten dollars costs.