1701 Restaurant on Second, Inc. v. Armato Properties, Inc.

Orders, Supreme Court, New York County (Milton A. Tingling, J.), entered February 17, 2010, which, to the extent appealed from as limited by the briefs, denied defendant landlord’s motion to discontinue its counterclaim for a declaration that the subject lease expired on August 31, 2009 and that no further right to exercise the lease renewal option remained, and declared that tenant was entitled to exercise the lease renewal option and that tenant did so properly, unanimously affirmed, with costs.

The parties agree that this Court need look no further than the “clear language” contained in the…