135 East

57th STREET LLC v. DAFFY'S INC. 934 N.Y.S.2d 112 (2011)


D has operated its store at 135 East 57th Street in Manhattan since the lease term began on November 7, 1994. While the term of the lease expired on January 31, 2011, the lease gave D the option of two five-year renewal terms, the first of which was to be exercised no later than January 31, 2010. D's did not give written notice of its intention to renew until February 4, 2010, when it e-mailed and sent by fax a letter incorrectly dated January 30, 2010. P rejected this late attempt. D’s controller simply screwed up and did not mark the date for renewal on his calendar. P commenced this action, seeking a declaration that D had failed to timely renew the lease, that the renewal option was terminated, and that the lease would expire on January 31, 2011. D sought a declaration that it had effectively exercised its renewal option for the store's premises. The court found that D was entitled to equitable relief. P appealed.