81 A.D.2d 964 | N.Y. App. Div. | 1981
— Appeal from a judgment of the Supreme Court in favor of plaintiff, entered January 21, 1980 in Essex County, upon a decision of the court at a Trial Term, without a jury. This is an action for specific performance wherein plaintiff seeks to compel defendant to convey to it certain real property pursuant to the exercise of an option in a lease entered into by the parties to this litigation. Following a trial without a jury, the court found that plaintiff was entitled to specific performance and this appeal ensued. There should be an affirmance. The lease in question granted plaintiff the option of purchasing the subject property on certain financial terms. It was also provided in the lease that defendant had the option of requiring plaintiff to purchase the