Genesee Conservation Foundation, Inc. v. Oatka Fish & Game Club, Inc.

Judgment affirmed, without costs, and lease declared void. Memorandum: Plaintiff commenced this action seeking a declaratory judgment that a lease between the parties was void for indefiniteness. The terms of the lease granted certain premises to defendant "for as long a period of time as the Lessee remains an active club and complies with the terms and conditions of the lease.” Defendant has been in possession of the premises since 1949 and has built a club house and other improvements on the property. Leases may be either for a fixed term or in perpetuity. This lease is neither. The…