Maisel v. Shanholt

Plaintiff has mistaken his remedy. The option to renew for another two years, if exercised in time, needed no new lease for the additional term. (Orr v. Doubleday, Page & Co., *832223 N. Y. 334.) Hence plaintiff pleaded no case for-specific performance, and the judgment and order must be reversed, with costs, and plaintiff’s motion for judgment on the pleadings denied, with ten dollars costs.

' Jenks, P. J., Rich, Putnam, Blackmar and Jaycox, JJ., concurred.

Judgment and order reversed, with costs, and plaintiff’s motion for judgment on the pleadings denied, with ten dollars costs.