Bench 'N' Gavel Restaurant, Ltd. v. Time Equities, Inc.
Opinion of the Court
In an action, inter alia, for a judgment declaring that the plaintiff has effectively exercised its option to renew its lease, the defendants appeal from a judgment of the Supreme Court, Kings County (I. Aronin, J.), dated November 4, 1988, which, after a nonjury trial, granted that relief.
Ordered that the judgment is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the issue of whether the appellants would be prejudiced by excusing the plaintiff’s delay in exercising an option to renew the subject lease, and a new determination in accordance herewith.
The plaintiff Bench 'N’ Gavel Restaurant, Ltd. (hereinafter the tenant) and the defendants, Remsen Street Equities Group and Time Equities, Inc. (hereinafter referred to collectively as the landlord), entered into an agreement on May 14, 1984,
In the judgment appealed from, the Supreme Court declared that the tenant had effectively exercised the option to renew the lease for five years and that the lease was in effect until 1991 with an additional five-year renewal option available to the lessee. In concluding that the tenant’s delay in giving notice was excusable, the Supreme Court relied on the principle enunciated in J. N A. Realty Corp. v Cross Bay Chelsea (42 NY2d 392), which basically provides that in the case of an option to renew a lease, a tenant’s equitable interest must be recognized and protected against forfeiture where the tenant’s default in providing notice has resulted from an honest mistake or similar excusable fault, where the tenant has made substantial improvements to the leasehold, intending to renew the lease, where the landlord has not been prejudiced by the tenant’s delay in giving notice, and where the tenant would sustain a substantial loss if the lease were not renewed.
In the case at bar, the testimony at trial established that the tenant had made improvements to the premises and would suffer a loss if the lease was not renewed. The tenant had purchased the business and lease of the premises for $125,000 and had expended another $100,000 to have the store gutted and transformed from an Italian take-out deli into a coffee shop. Twenty-eight booths, a 20-foot long counter, a complete
However, there is insufficient evidence in the record to be able to determine whether the landlord would be prejudiced by excusing the tenant’s delay in exercising the option. Although the trial court at first ruled that the landlord’s attorney could proceed to establish prejudice, through a series of subsequent rulings it effectively prevented him from doing so. Accordingly, a new trial is required in order to resolve this issue (see, J. N. A. Realty Corp. v Cross Bay Chelsea, supra). Sullivan, J. P., Eiber, Balletta and O’Brien, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.