Supreme Court
Decision Information
Abstract: Plaintiff sought summary judgment and an order vacant possession against the defendants on the basis of a lease agreement. Defendants argued triable issue, that is, option to purchase property which had not yet been exercised. Option date had expired, however, had been extended by agreement. Court found no merit in defendant's argument that option period was indefinite and held that it had expired. Even if it had not, defendants were in breach of option by failure to pay lease payments. Order for vacant possession granted. Other issues to be determined at trial.
Decision: Application granted in part. Order for vacant possession granted.
Subjects: Civil procedure
Keywords: Summary judgment - order for possession