Nanto MK Corp. v. J & E Realty

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered December 11, 2015, which denied defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

The documentary evidence conclusively establishes a defense to plaintiff’s claim for specific performance of a lease renewal option. Both the original commercial lease and the proposed renewal lease expressly provide that the parties will not be bound to negotiated lease…