Gerson Realty Inc. v. Casaly

The defendant landlord appeals from a final decree of the Superior Court which determined, on a petition for declaratory relief brought by the plaintiff tenant, that the tenant had validly exercised its option to renew a certain lease. The only issue here is the effectiveness of timely notice of renewal sent by certified mail, return receipt requested, where the lease provided that “such notice . . . shall be given or served and shall not be deemed to have been duly given or served unless in writing and forwarded by registered mail.” The function of a requirement that notice be transmitted by…