Tai On Luck Corp. v. Cirota

McNally, J. (dissenting).

I would reverse the judgment of the Appellate Term and reinstate the judgment of the Civil Court in this summary proceeding and would award possession to the landlord appellant.

On May 24, 1964, a lease was entered into between Jennie C. Lee and Assunta Cirota. This lease expired on May 31, 1969. The annual rent set forth therein was $4,800 payable $400 monthly. The lease was on the standard form of Eeal Estate Board of leases and article 38 contained the following clause: “ Tenant may renew this lease for an additional term of five years next succeeding May 31, 1969,…