Harris v. Bedell Co.

Headnote

Specific performance — lease — provision for lapse of renewal clause if lessor shall “ acquire ” adjoining property and file plans for new building — acquisition of fee of property not required — long lease sufficient — complaint in action to compel specific performance of option to renew lease, dismissed.

Harris v. Bedell Co., 222 App. Div. 467 , affirmed.

Appeal from a judgment, entered February 17, 1928, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The action was to compel specific performance of a claimed option of renewal in a sublease made by defendant Bedell Company to the plaintiff. The sublease provided that if the lessor, at least six months before the expiration, “ shall have acquired ” adjoining premises and shall have filed plans for a new building and given notice thereof to the tenant, then the option to renew shall cease. The lessor acquired the adjoining property on a long lease, filed plans for a new building and gave notice to the lessee within the required time. It was contended in this action that the word “ acquired ” means acquired in fee simple and, inasmuch as defendant had obtained but a lease of the premises, the option to renew was not affected.