In Federal Realty Ltd. Partnership v. Wizman , the lease provided that the renewal could only be exercised by Chaim Z. Wizman, Esq., and no other. While an "undertenant" (or subtenant), Y. David Taller, on behalf of Taller and Wizman, P.C., allleged to have extended the lease on Mr. Wizman's behalf, both the Kings County Civil Court, and the Appellate Term, Second and Eleventh Judicial Districts, did not believe that the option was validly exercised.
Here's how the AT2 summarized the operative facts:
Paragraph 64 (A) (3) of the lease states that the only person entitled to exercise the right of renewal is Chaim Z. Wizman, Esq., and specifically excludes any assignee or successor in interest of Chaim Z. Wizman, Esq., from exercising said right of renewal. The letter purporting to exercise the option to renew emanated from undertenant, Taller and Wizman, P.C. and was signed by Y. David Taller, Esq., on behalf of Taller and Wizman, P.C. Since neither Y. David Taller, Esq., nor Taller and Wizman, P.C. was accorded the right under the lease to exercise the option to renew, the lease was not renewed.
As a result, the landlord's acceptance of rent after the expiration of the original lease term created, at most, a month-to-month tenancy, which was terminable by the service of a 30-day notice upon the occupants. Since such a notice issued in this case, the final judgment of possession, secured within the context of a summary holdover proceeding, was permitted to stand.
You needn't be a Wiz to figure this one out!
For a copy of the Appellate Term's decision, please use this link: Federal Realty Ltd. Partnership v. Wizman