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Lawrence Cramer, Inc. v. Aries Dewitt Corp.

Citations: 90 A.D.2d 975; 456 N.Y.S.2d 566; 1982 N.Y. App. Div. LEXIS 19254

Court: Appellate Division of the Supreme Court of the State of New York; November 8, 1982; New York; State Appellate Court

Narrative Opinion Summary

In this appellate case, the court unanimously reversed the prior order, awarded costs, and denied the plaintiff's motion, granting summary judgment in favor of the defendants. The central issue revolved around the defendants' obligation under a lease agreement to build additional rental space. According to the lease's Thirty-third paragraph, such construction was conditional upon the lessee maintaining at least seven years remaining on the lease term. At the time the plaintiff requested the additional space, merely three years remained. Although the lease included an option to renew for ten more years, it required the lessee's gross sales to exceed $750,000 during the ninth and tenth years, a threshold the plaintiff failed to meet. Consequently, the lessee could not exercise the renewal option, thus not fulfilling the seven-year condition precedent. This appeal stemmed from an order issued by the Supreme Court, Onondaga County, with Justice Tenney presiding, resulting in a ruling that favored the defendants by determining no obligation to construct additional space existed under these circumstances.

Legal Issues Addressed

Conditions Precedent in Lease Agreements

Application: The lessee's failure to meet the gross sales threshold prevented the exercise of the renewal option, thereby failing to satisfy the condition precedent for additional space construction.

Reasoning: Since the plaintiff did not meet this sales threshold and therefore could not exercise the renewal option, the court concluded that the necessary seven-year period was not satisfied at the time of the request for additional space.

Lease Agreement Construction Obligations

Application: The defendants are not required to construct additional rental space because the condition precedent of having seven years remaining on the lease was not met.

Reasoning: The court determined that the defendants are not currently obligated to construct the additional rental space specified in paragraph Thirty-third of the lease agreement.