
    The Fidelity and Columbia Trust Company, as Trustee of Nathan F. Block et al., Respondent, v. Gustav S. Levin et al., Appellants.
    
      Landlord and tenant — lease — option — waiver — action for declaratory judgment defining right of parties under lease and sublease — failure to exercise option to renew — alleged waiver of compliance with provisions of lease.
    
    
      Fidelity & Columbia Trust Co. v. Levin, 221 App. Div. 786, affirmed.
    (Argued April 10, 1928;
    decided May 1, 1928.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 11,1927, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was to obtain a declaratory judgment defining the rights of the parties under a lease from plaintiff to defendant Levin and a sublease from Levin to defendant Israel. The question was as to whether plaintiff had waived compliance by defendant Levin with a provision in the lease in' reference to the exercise of an option to renew and whether it was in any way estopped from enforcing the contract.
    
      Simon Fleischmann, Martin Clark and William R. Pooley for Gustav S. Levin, appellant.
    
      Isadore Bookstein, Daniel J. Dugan and Avrom M. Jacobs for David Israel, appellant.
    
      E. C. Schlenker for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  