Appellate Division of the Supreme Court of the State of New York May 1, 1908 (Neiderstein v. Cusick)

Jenks, J.:

The lease to the plaintiff from the defendant contained a covenant for a renewal of a term to begin immediately after April 1,

1903. The tenant sued for a specific perfoi’mance of that covenant. The defendant’s demurrer which challenged any cause of action was sustained at Special Term and in this court (83 App. Div. 36), but was reversed in the Court of Appeals. (Neiderstein v.