Court of Appeals of New York

In a declaratory relief action by an out-of-possession lessee of commercial premises, the lower courts' denial of equitable relief from its failure to timely renew the lease is affirmed, where the lessee would not incur a substantial loss if the lease were not renewed, since: 1) the lessee had not made any improvements since subletting the premises over 20 years earlier; 2) litigation expenses incurred by the lessee to cure alleged defaults on the part of a sublessor did not constitute substantial improvements to the premises; and 3) the improvements the lessee made while in possession were not made with a view toward renewal of the lease such that its equitable interest in a renewal had to be protected.

Appellate Information

• Decided 05/03/2012
• Published 05/03/2012

Judges

• Pigott

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• James T. Potter, Stewart A. Rosenwasser