Daeun Corp. v. A&L 444 LLC

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered November 21, 2008, which granted defendants/ landlords’ motion to dismiss, and declared that plaintiff/tenant had not validly exercised an option to renew its lease and defendants were not required to accept the purported exercise, unanimously affirmed, with costs.

Contrary to plaintiff’s contentions, the court properly determined the action based upon documentary evidence and the unambiguous lease agreement (see Ark Bryant Park Corp. v Bryant Park Restoration Corp., 285 AD2d 143, 150 [2001]). Because plaintiff had twice…