Summary
In Holloway v. Schmidt, 33 Misc. Rep. 747 (67 N.Y. Supp. 169), the court said, in substance, that a clause in a lease giving the lessee the "first privilege of a renewal" gives the prior right to a lease upon terms the same as in the first lease, provided that the property is relet at the expiration of the first lease.
Summary of this case from State v. NiehausOpinion
November, 1900.
James A. Deering, for appellant.
Arnow Cryer, for respondents.
The words "first privilege of a renewal", as used in the lease, meant the prior right to a lease of five years upon terms the same as those in the lease of 1895, provided the landlord should give a lease.
This construction seems reasonable, particularly in view of the evidence of Mrs. Schmidt that when the lease was first made and her husband came down, Mr. Deering said "we don't give no ten years".
The order is reversed, with costs. An order of dispossession will be granted.
Present: TRUAX, P.J., SCOTT and DUGRO, JJ.
Order reversed, with costs. Order of dispossession granted.