Sy Jack Realty Co., Appellant v. Pergament Syosset Corp., Respondent

Summary

The Court affirmed the Appellate Division’s order, holding that a lease option notice must be actually received by the deadline to be effective, but that equitable relief may be granted where the tenant’s untimely notice resulted from an excusable fault and the landlord suffered no prejudice. Justice Jasen dissented, arguing that the mailed notice was insufficient and equity should not intervene.