From Casetext: Smarter Legal Research

Double C v. Craps

Appellate Division of the Supreme Court of New York, First Department
Jan 13, 2009
58 A.D.3d 480 (N.Y. App. Div. 2009)

Opinion

January 13, 2009.

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered July 11, 2008, which, in an action by a tenant against its landlord involving the validity of tenant's exercise of an option to renew the subject lease, denied plaintiff-tenant's motion for summary judgment, unanimously modified, on the law, to the extent of granting plaintiff's motion to dismiss the fourth affirmative defense based upon the Rule Against Perpetuities and otherwise affirmed, without costs.

Before: Andrias, J.P., Nardelli, Moskowitz, Renwick and Freedman, JJ.


By its terms, the lease provides that plaintiff's options to extend the term of the lease "shall be exercised by written notice given to the Lessor at least one (1) year before the expiration of the Initial Term hereof, or, in the event Lessee has previously exercised one or more options herein given, such notice shall be given at least six (6) months before the expiration of such option term." Such options clearly originate in one of the lease provisions, are not exercisable after lease expiration, and are incapable of separation from the lease. Thus, as options "appendant" or "appurtenant" to the lease, they are valid even though the holder's, in this case plaintiff's, interest may vest beyond the perpetuities period and are not contemplated by EPTL 9-1.1 (b) ( Symphony Space v Pergola Props., 88 NY2d 466, 480). We have considered plaintiff's other arguments and find them unavailing.


Summaries of

Double C v. Craps

Appellate Division of the Supreme Court of New York, First Department
Jan 13, 2009
58 A.D.3d 480 (N.Y. App. Div. 2009)
Case details for

Double C v. Craps

Case Details

Full title:DOUBLE C REALTY CORP., Appellant, v. CRAPS, LLC, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 13, 2009

Citations

58 A.D.3d 480 (N.Y. App. Div. 2009)
870 N.Y.S.2d 333

Citing Cases

Tenants Corp. v. Jones

Genoa Associates, PC, Old Brookville ( Marilyn K Genoa of counsel), for respondent. I. The Appellate Division…

Soldiers' v. Carlton Regency

The renewal option was held to be invalid under EPTL 9-1.1(b) because it could be exercised post-term in…