Neuhaus v. McGovern

OPINION OF THE COURT

Memorandum.

Final judgment unanimously reversed without costs and matter remanded for a new trial limited to the issue of whether *614tenants exercised their option to purchase the subject premises.

On December 7, 2000, after landlord purchased tenants’ premises at a mortgage foreclosure sale, the parties entered into a three-year lease, and tenants executed a $37,000 promissory note for an identical period. A lease rider gave tenants a purchase option, exercisable 90 days after the lease’s execution (the option clause nevertheless implies that the option is exercisable on or…