120 Bay Street Realty Corp. v. City of New York
Cases that cite this one
5 later published cases cite this decision.
- Bleecker Street Tenants Corp. v. Bleeker Jones LLC (Appellate Division of the Supreme Court of New York 2009)
- Matter of Tanzosh v. New York City Civil Serv. Comm'n (N.Y. 1978)
- Bleecker Street Tenants Corp. v. Bleeker Jones LLC (N.Y. 2011)
- 2641 Concourse Co. v. City University of New York (N.Y. Ct. Cl. 1987)
- Bermont Operating Co. v. City of New York (Appellate Terms of the Supreme Court of New York 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order appealed from should be reversed, with costs, and summary judgment granted in favor of the plaintiff, declaring that defendant occupies the subject premises as a month-to-month tenant rather than as a tenant under a valid and existing lease. We find as a matter of law that the letter of June 2, 1975 was merely an expression of intent to exercise the option to renew the lease at some future time, and was not in and of itself an exercise of that option. Since no further steps were taken by defendant prior to the expiration of the option clause in the lease, the option was never exercised prior to its termination. In view of this conclusion, we do not reach any of the other issues argued by the parties.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order reversed, with costs, and summary judgment granted in favor of plaintiff in accordance with the memorandum herein.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.