69 A.D.2d 812 | N.Y. App. Div. | 1979
In an action to recover damages for breach of a lease agreement, plaintiff appeals from a judgment of the Supreme Court, Westchester County, entered December 30, 1977, which is in favor of defendant, upon the trial court’s granting of defendant’s motion pursuant to CPLR 4404 to set aside the jury verdict in favor of plaintiff. Judgment affirmed, with costs. Whether the instrument executed by the parties was a lease or an agreement to lease is a matter of little or no moment under the factual circumstances of the case. The controlling factor is the clause in the document that if all governmental approvals were not obtained by Septem