Even if ambiguous commercial lease renewal terms permitted oral notice, tenant failed to prove timely notice.

Decision and Order finding commercial lease renewal notice not proven.


Plaintiff brought a declaratory judgment action seeking a declaration that it had validly renewed a commercial lease. The terms of the commercial lease regarding lease renewal were confusing and perhaps ambiguous on the subject of oral notice of renewal. The commercial lease required that if the plaintiff intended to renew the lease, it was to notify the the lessor "...of its intentions to exercise such options or by a written notice delivered to the Lessor personally or by certified mail return receipt requested, not less than 6 months prior to the end of the term of the lease." The trial court held that the renewal terms were not ambiguous and ruled for the defendant. On appeal the Appellate Division, Second Department held that even if oral notice was permitted under the renewal terms, the plaintiff failed to prove timely notice.

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Reference Info:Decision | State, 2nd Circuit, New York | United States

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