New York Court of Appeals
Sy Jack Realty Co., Appellant v. Pergament Syosset Corp., Respondent
January 21, 197127 N.Y.2d 449
Summary
The New York Court of Appeals affirmed the Appellate Division's order that the tenant's option to renew the lease was deemed exercised despite the landlord not receiving the mailed notice, because the landlord suffered no prejudice and the tenant's failure was an excusable fault. Justice Jasen dissented, arguing that actual receipt of notice is required and equity should not intervene.