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South St. Seaport Ltd. Partnership v Hayley Mfg., Inc.
2008 NY Slip Op 51923(U) [21 Misc 3d 127(A)]
Decided on September 23, 2008
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on September 23, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ
570178/08.

South Street Seaport Limited Partnership, Petitioner-Landlord-Respondent,

against

Hayley Manufacturing, Inc. d/b/a Taqueria Mexicali, Respondent-Tenant-Appellant.


Tenant appeals from an order of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), dated August 17, 2007, which granted landlord's motion for summary judgment in a commercial holdover proceeding.


Per Curiam.
Order (Geoffrey D. Wright, J.), dated August 17, 2007, affirmed, with $10 costs.

Landlord was properly granted summary judgment on the holdover petition since the record conclusively establishes that the commercial tenant was in violation of several material provisions of the governing lease agreement at the time of its putative exercise of the conditional lease renewal option (see Jefpaul Garage Corp. v Presbyterian Hosp. in City of N.Y., 61 NY2d 442 [1984]). As tenant was in default under the lease, it was precluded from exercising such renewal option under the terms of the renewal provision (see 457 Madison Ave. Corp. v Lederer De Paris, 51 AD3d 579 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: September 23, 2008