Opinion
June 5, 1967
In a summary proceeding by a landlord to recover possession of real property against a tenant and an undertenant, alleged to be holdovers, the landlord appeals from an order of the Appellate Term, Second Judicial Department, dated July 29, 1966, which (1) reversed a final judgment of the Civil Court of the City of New York, County of Queens, dated December 13, 1965, awarding possession of the premises to the landlord and (2) dismissed the petition. Order of the Appellate Term reversed, on the law, without costs, and final judgment of the Civil Court of the City of New York, County of Queens, reinstated. The tenant is authorized to apply to the Civil Court for a stay of the final judgment upon appropriate terms and conditions. No questions of fact have been considered. The landlord and the tenant entered into a lease for certain real property covering a term of three years and nine days at a stipulated rental. The lease contained a clause giving the tenant an option to purchase the property "during the term of this lease or any renewal thereof". After the original term of the lease expired, the tenant remained in possession as a tenant from month to month pursuant to section 232-c Real Prop. of the Real Property Law. The tenant alleged in his answer to the petition herein that he had exercised his option to purchase the property and he also set forth certain counterclaims. In our opinion, the landlord is entitled to possession of the premises. The option to purchase the premises was valid only during the original term of the lease and did not survive its expiration ( Gulf Oil Corp. v. Buram Realty Co., 11 N.Y.2d 223; Friederang v. Ruth Aldo Co., 199 App. Div. 127; Manhattan Gear Instrument Co. v. 2350 Linden Blvd. Corp., 27 A.D.2d 570). Christ, Acting P.J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.