Legal Opinion

Harlington Realty Corp. v. Farmiloe-Burke Corp.

Civil Court of the City of New York

Decided April 22, 1981Published

1Opinion of the Court

OPINION OF THE COURT

Arthur J. Cooperman, J.

May a tenant under a commercial lease that contains an option to renew be permitted to remain in possession even though it negligently failed to exercise that option for 17 months after the old term expired?

That is the main issue to be decided in this holdover proceeding.

Upon the trial of this matter, the following facts were uncontroverted: The original lease between the parties’ predecessors, dated June 1, 1965, provided for a term of 10-years, expiring on May 31, 1975. Respondent herein became the tenant in 1970 by virtue of an assignment of the…

2Cases cited8 opinions

  1. J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
  2. Jones v. GianferanteNew York Court of Appeals · 1953
  3. Sy Jack Realty Co. v. Pergament Syosset Corp.New York Court of Appeals · 1971
  4. Optivision, Inc. v. Syracuse Shopping Center AssociatesDistrict Court, N.D. New York · 1979
  5. Vanguard Diversified, Inc. v. Review Co.Appellate Division of the Supreme Court of the State of New York · 1970

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