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ROBERT B. JETTER, M.D., PLLC v. 737 PARK AVE. ACQUISITION LLC

6798, 654159/12.

162 A.D.3d 444 (2018)

80 N.Y.S.3d 52

2018 NY Slip Op 04085

Robert B. Jetter, M.D., PLLC, Appellant, et al., Plaintiff, v. 737 Park Avenue Acquisition LLC, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 7, 2018.

While plaintiff Jetter's time to exercise its renewal option will not begin until October 2019, because this future event is within Jetter's control, a declaratory judgment is not merely advisory (see New York Pub. Interest Research Group v Carey, 42 N.Y.2d 527, 530-531 [1977]).

Jetter argues that denial of its renewal option would work an unjust forfeiture within the meaning of J.N.A. Realty Corp. v Cross Bay Chelsea...

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