Opinion
November 28, 1995
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
The determination that the individual defendants in actions numbers 1 and 2 violated paragraphs 11 and 48 of the lease, and thus were, not entitled to exercise the option to renew, was supported by the evidence ( Cohen v Hallmark Cards, 45 N.Y.2d 493, 499). Since such violations negated substantial compliance with the lease and it cannot be said that the landlord was not injured by such noncompliance, defendants were not entitled to be relieved of their default ( cf., Atkin's Waste Materials v May, 34 N.Y.2d 422; Ogden v Hamer, 268 App. Div. 751).
We have considered the parties' remaining contentions for affirmative relief and find them to be without merit.
Concur — Murphy, P.J., Sullivan, Ross, Williams and Tom, JJ.