Sylvan Mortgage Co. v. Astruck

Finch, J.:

The parties have stipulated that no receipt of rent shall affect the question which the parties have submitted for decision, namely, whether the lease, by its terms, entitled the tenant to a renewal as a matter of law. The notice by letter was given in sufficient time.

There appears to be no ambiguity in the clause in question and hence no room for construction on the ground of uncertainty, or for the implication of covenants not expressed. (McCluskey v. Cromwell, 11 N. Y. 593, 601.)

In the case at bar the parties had before them a lease which contained provisions for renewal at the…