S. & J. Pharmacies, Inc. v. Stein (124 A.D.2d 503, 1986)

As set forth by the Judge at Special Term, the equities are with the tenant in its short delay in failing timely to exercise its renewal option. (J.N.A. Realty Corp. v Cross Bay Chelsea, 42 NY2d 392; Sy Jack Realty Co. v Pergament Syosset Corp., 27 NY2d 449; Jones v Gianferante, 305 NY 135.)

Inasmuch as we affirm on the declaration of a valid exercise of renewal option, it renders moot the defendants’ Civil Court action and, therefore, that action is dismissed. Concur — Kupferman, J. P., Sullivan, Ross, Carro and Asch, JJ.