Vitarelli v. Excel Automotive Tech. Center, Inc.

In an action for a judgment declaring that an option to purchase certain real property is unenforceable, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (M. Carson, J.), dated April 14, 2005, as denied his motion for summary judgment, and the defendant cross-appeals, as limited by its brief, from so much of the same order as denied its cross motion for summary judgment on its counterclaims.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Equity will reheve a tenant from a failure to timely exercise…