International Chimney Corp. v. 26 West Spring Street Associates

Order and judgment unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings, in accordance with the following memorandum: International Chimney Corporation (ICC), lessee of a part of the premises located at 26 West Spring Street, Williamsville, New York, commenced an action for specific performance of an option agreement against defendant, 26 West Spring Street Associates (Associates). Initially, Associates contends that ICC’s lease, which contained the option, is void because, at the time of the execution, letters testamentary had not been…