Legal Opinion

Conthur Development Co. v. Dacar Garage Corp.

Civil Court of the City of New York

Decided May 23, 1983PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Elliott Wilk, J.

This is a commercial holdover proceeding. Landlord alleges that tenant’s exercise of its option to renew is a nullity and, alternatively, that tenant has violated a substantial obligation of its lease.

Tenant has occupied the premises, a parking garage, pursuant to a lease running from November 1, 1976, through September 30, 1981. The lease contains a clause providing tenant with an option to renew for an additional period. Tenant’s attempt to exercise its option to renew was rejected by landlord because of tenant’s repeated failure to make timely rent…

2Cases cited9 opinions

  1. Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
  2. Patterson v. . MeyerhoferNew York Court of Appeals · 1912
  3. Sharapata v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1981
  4. Grad v. RobertsNew York Court of Appeals · 1964
  5. De Forte v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1978

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3Cited by3 opinions

  1. Ambassador Realty Co. v. WachtelCivil Court of the City of New York · 1988
  2. Soling v. LittleCivil Court of the City of New York · 1987
  3. Laurel Homes LP v. HunterNew York District Court · 2009

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