90 A.D.2d 830 | N.Y. App. Div. | 1982
In an action by a tenant to declare its rights under an alleged lease agreement, the defendants appeal from an order of the Supreme Court, Kings County (Berkowitz, J.), dated May 28, 1982, which, inter alia, denied their motion for summary judgment. Order affirmed, with $50 costs and disbursements. The complaint alleges that in early May, 1978 the plaintiff, an insurance broker and agency, and defendant, Dronart Realty Corp., the owner of premises designated as 164-166 Montague Street, Brooklyn, entered into negotiations, through their attorneys, for the preparation of a lease agreement. In accordance with these negotiations, on May 9, 1978, a written lease was prepared by Dronart’s attorneys and delivered to the plaintiff. The lease was executed and signed by the plaintiff and returned to the landlord’s attorneys, together with a check for $2,625, representing two months’ security plus a check for the first month’s rent in the amount of $1,312.50. On May 13, 1978, the plaintiff moved into the premises, allegedly expending over $7,000 for moving expenses, plus an additional approximately $2,000 for improvements and alterations to the premises. Soon thereafter, allegedly pursuant to the agreement, Dronart constructed, at its own expense, an interior wall, 13 feet high and 20 feet long, with a doorway, in order to separate the plaintiff’s accounting equipment from the rest of the office. After moving in, numerous requests were made by the plaintiff to Dronart for the return of a signed copy of the lease agreement. Despite the repeated assurance by Dronart’s attorneys, no such signed lease was ever forthcoming. Subsequently, in September, 1980, Dronart’s successors in interest, the individual
