Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Landlord & Tenant Law

By New York Real Estate Law Reporter Staff
October 01, 2023

Questions of Fact About Whether Tenant Exercised Renewal Option

Moore v. Schuler-Haas Electric Corp., 2023 WL 43353637, AppDiv, Third Dept. (Opinion by Garry, P.J.)

In landlord's action for rent and for a declaration that a lease remained in full force and effect, landlord appealed from Supreme Court's grant of summary judgment to tenant. The Appellate Division modified to deny tenant's summary judgment motion, holding that questions of fact remained about whether tenant had exercised its option to renew the lease.

In 2014, the parties entered into a commercial lease for a five-year term with an option to renew. The lease required tenant to exercise the option at least six months before expiration of the initial lease. Tenant did not timely exercise the option, but before the initial lease expired, tenant, by both email and voice mail, notified landlord that it wished to enter into a new five-year tenancy under a new lease to be drafted by landlord. One of the emails explicitly refereed to the item in the original lease that gave tenant an option to renew. Landlord indicated that it would follow up with appropriate paperwork, but never actually prepared a new lease. Tenant continued in occupation for more than two years past the expiration date of the original lease, making payments in accordance with the rent provided in the renewal provisions of the initial lease. At that point, tenant vacated and stopped paying rent. Landlord then brought this action for a declaration that the renewal lease remained in effect, and for rent due under that lease. Supreme Court awarded summary judgment to tenant, concluding that no renewal lease was in effect and that tenant had occupied as a holdover until the time it vacated. Landlord appealed.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

The Stranger to the Deed Rule Image

In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.