Maisel v. Shanholt

Appellate Division of the Supreme Court of the State of New York

Decided December 12, 1919

Appellate Division of the Supreme Court of the State of New York · decided 1919-12-12

Appeal by the defendant, Harry Shanholt, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 30th day of September, 1919, granting plaintiff’s motion for judgment on the pleadings, consisting of the complaint and answer, and also from the judgment in favor of the plaintiff entered thereon in said clerk’s office on the 21st day of October, 1919, decreeing specific performance of an…

Relies on Orr v. . Doubleday, Page Co.

Decided 1919-12-12

Per Curiam:

¶1Plaintiff has mistaken his remedy. The option to renew for another two years, if exercised in time, needed no new lease for the additional term. (Orr v. Doubleday, Page & Co., *832223 N. Y. 334.) Hence plaintiff pleaded no case for-specific performance, and the judgment and order must be reversed, with costs, and plaintiff’s motion for judgment on the pleadings denied, with ten dollars costs.

¶2' Jenks, P. J., Rich, Putnam, Blackmar and Jaycox, JJ., concurred.

¶3Judgment and order reversed, with costs, and plaintiff’s motion for judgment on the pleadings denied, with ten dollars costs.