Williams Oil Co. v. Mercer's Kwik Stop Food Stores, Inc.

—Judgment unanimously reversed on the law with costs and judgment granted in accordance with the following Memorandum: County Court erred in determining that respondent’s notice of election to renew the lease was improper. The notice to renew was timely, definite, unequivocal and in strict compliance with the terms of the lease renewal clause (cf, American Realty Co. v 64 B Venture, 176 AD2d 226, 227, Iv denied 79 NY2d 756). The signature of the principal was placed on the notice by his secretary at his direction (see, 80 CJS, Signatures, § 6). Neither the incorrect identification of the…