Pflum v. Spencer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie Bflum, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 22d day of April, 1907, upon the decision of the court rendered after a trial at the Kings County Special Term dismissing the complaint upon the merits..
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Appeal by the plaintiff, Annie Bflum, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 22d day of April, 1907, upon the decision of the court rendered after a trial at the Kings County Special Term dismissing the complaint upon the merits.. The defendant let certain premises to the plaintiff for one year . from November 1st, 1904, by a written lease, which contained the following clauses, viz.: “ And it is further agreed by the party of the first part that she will grant a further lease of the aforesaid premises…
1Opinion of the Court
Gaynor, J.:
The renewal of the lease embraced all of the covenants and agreements of the lease, except that of- renewal, for otherwise the right óf renewal would be perpetual. The clause in the lease by which the lessor agrees to sell the demised premises to the tenant for $1.0,500 was therefore renewed. But such clause does not provide the same in terms for the renewed year as for the first year, as you perceive on perusing it. It gives the tenant the option to purchase at áuy time during the first year, but this option is restricted and may be- put an end to during the second year. The…
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