You are here: / / THE DATE BY WHICH AN OPTION TO RENEW A LEASE IS TO BE EXERCISED CAN BE...
,

THE DATE BY WHICH AN OPTION TO RENEW A LEASE IS TO BE EXERCISED CAN BE WAIVED BY THE ACCEPTANCE OF AN UNTIMELY ELECTION TO RENEW; THE REQUEST FOR A NEW LEASE WITH THE SAME MATERIAL TERMS DOES NOT AFFECT THE VALIDITY OF THE ELECTION TO RENEW (THIRD DEPT).

​The Third Department, reversing Supreme Court, determined there were questions of fact about whether defendant tenant had exercised its option to renew the lease. The court noted that the date by which an option to renew must be exercised is for the benefit of the landlord and therefore can be waived by the landlord:

… [W]e agree with plaintiff that, to the extent that Supreme Court concluded that defendant could not have exercised the option to renew because the option lapsed after November 30, 2018, that finding was erroneous. Although an “optionee must exercise the option in accordance with its terms within the time and in the manner specified in the option” … , the relevant case law establishes that the notice provision associated with the option was “solely for plaintiff’s benefit as the landlord and may be waived, even in the absence of a written waiver” … . Here, plaintiff’s assertion that he confirmed and accepted defendant’s untimely election constitutes such waiver.

… [W]here an option is exercised and all of the essential and material terms of the parties’ agreement are provided for in the original lease, the fact that a party contemplates “the subsequent execution of a more formal writing [that was] not done will not impair [the] effectiveness” of the election … . Nor would plaintiff’s inquiry as to whether defendant would like a future option to renew render defendant’s exercise of the option conditional … .

The core question is whether defendant exercised its option to renew, as a matter of law. Moore v Schuler-Haas Elec. Corp., 2023 NY Slip Op 03739, Third Dept 7-6-23

Practice Point: The date by which an option to renew a leased is to be exercised is for the benefit of the landlord and therefore can be waived by the acceptance of an untimely election. The request for a new lease with the same material terms does not invalidate the election to renew.

 

You might also like
NEGLIGENCE AND GROSS NEGLIGENCE CAUSES OF ACTION AGAINST AN ACTUARY FOR AN INSOLVENT WORKERS’ COMPENSATION TRUST PROPERLY SURVIVED MOTIONS TO DISMISS (THIRD DEPT).
No Question of Fact Raised About Whether Buyer Was a Bona Fide Purchaser
PEOPLE’S FAILURE TO PROCURE ANOTHER ACCUSATORY INSTRUMENT AFTER THE COURT REDUCED THE CHARGE RENDERED THE INDICTMENT JURISDICTIONALLY DEFECTIVE, REQUIRING DISMISSAL AFTER TRIAL DESPITE DEFENDANT’S FAILURE TO RAISE THE ISSUE AND THE PRESENTATION OF SUFFICIENT EVIDENCE OF THE REDUCED CHARGE (THIRD DEPT).
THE MORTGAGE DEBT WAS ACCELERATED WHEN THE FIRST FORECLOSURE ACTION WAS BROUGHT IN 2008; THE DEFENDANTS SUBSEQUENTLY ENTERED A LOAN MODIFICATION AGREEMENT IN 2008 WHICH DEACCELERATED THE DEBT AND RESET THE STATUTE OF LIMITATIONS; THE DEFENDANTS DEFAULTED AGAIN IN 2009; IN 2018 THE DEBT WAS ACCELERATED AGAIN BY THE FILING OF THE INSTANT FORECLOSURE ACTION; BECAUSE THE SIX-YEAR STATUTE OF LIMITATIONS STARTS RUNNING FROM EACH MISSED PAYMENT, THE 2018 FORECLOSURE ACTION WAS TIMELY BROUGHT (THIRD DEPT).
Questioning at Home Did Not Trigger Need for Miranda Warnings
Petitioner Not Given Adequate Employee Assistance—Determination Annulled—New Hearing Ordered
DOCUMENTS WHICH REFLECT INFORMATION IN TAX RETURNS ARE EXEMPT FROM DISCLOSURE UNDER THE TAX LAW.
PLAINTIFF ALLEGEDLY SLIPPED AND FELL AFTER STEPPING ON A CHERRY TOMATO IN DEFENDANT’S STORE; CONSULT THIS DECISION FOR A DISCUSSION OF HOW A DEFENDANT CAN DEMONSTRATE A LACK OF ACTUAL AND CONSTRUCTIVE NOTICE; DEFENDANT SHOULD HAVE BEEN AWARDED SUMMARY JUDGMENT (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

AT THE TIME OF THE JUVENILE’S ADMISSION TO POSSESSION OF STOLEN PROPERTY... THE SPEEDY TRIAL REQUIREMENTS FOR A JUVENILE DELINQUENCY PROCEEDING WERE VIOLATED...