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Suppose a lease gives a tenant an option to renew, but requires that the option be exercised by a specified date. What happens when the tenant exercises the option after the specified date? That issue, which has been litigated in a number of cases, recently reached the Court of Appeals in Baygold Associates, Inc. v. Congregation Yetev Lev of Monsey, Inc. (NYLJ 5/4/12, p. 24., col. 1.). In Baygold, a divided court appeared to narrow the equitable exception the court had previously crafted to the common law rule that would bind the tenant to the express language of the lease.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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