Kept Realty, LLC v Meir Miller, LLC

Holding The court modified the lower court’s order to deny the plaintiff’s cross-motion for summary judgment because the lease provisions regarding the renewal option were ambiguous and triable issues of fact existed. Specifically, it was unclear whether the tenant was in default beyond the cure period and whether timely written notice of the option’s exercise was provided.

The court’s words

the terms of the lease are reasonably susceptible of more than one interpretation, and, thus, ambiguous, requiring extrinsic evidence to resolve the ambiguity

2026 NY Slip Op 05174, at the official text

the defendant's opposition raised a triable issue of fact as to whether the plaintiff provided the defendant with timely written notice of its exercise of the option as required by the lease

2026 NY Slip Op 05174, at the official text