Opinion
March 29, 1994
Appeal from the Supreme Court, New York County (Myriam Altman, J.).
We agree with the IAS Court that the terms of the 1986 lease are clear and unambiguous with respect to additional space becoming available no later than May 1, 1994. Section 45.08 specifically provides with respect to the floors in question that "wherever" the tenant has the option or obligation to accept possession of these floors, it may opt or accept any two of the floors. There is nothing in the general demising paragraph or any of the other provisions of the lease that imposes on plaintiff an unqualified or unconditional obligation to opt for all three floors commencing May 1, 1994.
Concur — Ellerin, J.P., Wallach, Rubin and Williams, JJ.