Cellular Telephone Co. v. 210 East 86th Street Corp.

Judgment, Supreme Court, New York County (Marylin G. Diamond, J.), entered June 20, 2003, which denied defendant’s motion for summary judgment and granted plaintiffs cross motion for summary judgment, declaring plaintiffs exercise of the renewal option in the lease valid and effective, and directing defendant to extend the term of the lease for a second five-year term commencing January 1, 2003, unanimously affirmed, with costs.

*306Since the gravity of the loss was out of proportion to the gravity of the breach, the motion court properly allowed equity to intervene under the circumstances…