Harlington Realty Corp. v. Farmiloe-Burke Corp.
This text of 120 Misc. 2d 411 (Harlington Realty Corp. v. Farmiloe-Burke Corp.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
OPINION OF THE COURT
Final judgment reversed, without costs, and final judgment of possession is directed to be granted in favor of landlord.
In this commercial holdover proceeding, tenant was granted an option to extend the lease for a period of five years on condition that the lease as extended would provide for payment of a specified increased rental. After the expiration of the lease, tenant remained in possession for some 17 months but continued to pay only the original rental. Under these circumstances, tenant failed to timely exercise the option (cf. 50 Am Jur 2d, Landlord & Tenant, § 1190).
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Cite This Page — Counsel Stack
120 Misc. 2d 411, 467 N.Y.S.2d 296, 1983 N.Y. Misc. LEXIS 3729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harlington-realty-corp-v-farmiloe-burke-corp-nysupct-1983.