5 East 41 Check Cashing Corp. v. Park & Fifth Owner, LLC

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered May 4, 2007, which, upon renewal, adhered to a prior order denying plaintiff tenant’s motion for a preliminary injunction and denying defendant landlord Park & Fifth Owner’s cross motion for summary judgment dismissing the complaint as moot, unanimously modified, on the law, to declare that plaintiff has not timely complied with the written notice of renewal provisions of the lease as amended, and otherwise affirmed, without costs.

Plaintiff failed to timely exercise a renewal option from its lease with defendant’s…