In re the Arbitration between Lendon Realty Corp. & Weber

Motion to compel arbitration is denied. It is alleged by respondent, and not denied, that under paragraph “ 28 ” of the lease, the petitioner, as landlord, had the option to terminate the lease at the end of the fifth year by giving three months’ notice to the tenant of such intention. The lease was made on September 19, 1942, for a term of ten years commencing on November 1, 1942, and terminating on October 31, 1952. The notice of election to terminate was given on October 23, 1947, by the attorneys for the landlord. The respondent contends that under the lease the last day that such notice…