
    New York Produce Exchange Safe Deposit and Storage Company, Respondent, v. New York Produce Exchange, Appellant.
    
      Pleading — action for specific performance of alleged agreement to renew lease — sufficiency of complaint.
    
    
      N. Y. Produce Exchange S. D. & S. Co. v. N. Y. Produce Exchange, 208 App. Div. 421, affirmed.
    (Argued May 12, 1924;
    decided May 23, 1924.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 21, 1924, which affirmed an order of Special Term denying a motion for a dismissal of the complaint. The action was for the specific performance of an alleged agreement to give to plaintiff a forty-year renewal of a lease of a portion of the Produce Exchange Building. The motion was made on the ground that the documents properly construed contained no covenant of renewal.
    The following question was certified: “ Does the complaint state facts sufficient to constitute a cause of action? ”
    
      Abel E. Blackmar and Frederick S. Fisher for appellant.
    
      Herman Aaron for respondent.
   Order affirmed, with costs, question certified answered in the affirmative; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  