JEFFREY COOPER, O.D., v. NUMBER 535 PARK AVE

We need not decide whether the documentary evidence conclusively establishes that plaintiff failed to renew the lease in compliance with its terms ( see American Realty Co. v 64 B Venture, 176 AD2d 226, 227, lv denied 79 NY2d 756). Plaintiffs allegations that any deficiencies in the notice were inadvertent and that he has made significant improvements in the premises and accumulated 30 years of goodwill in his optometry practice are sufficient to warrant consideration of equitable relief to avoid a forfeiture ( see J. N. A. Realty Corp. v Cross Bay Chelsea, 42 NY2d 392; see also Blumenthal v 162 E. 80th Tenants, 88 AD2d 871).

No appeal lies from an order entered on consent ( Matter of Tyshawn Jaraind C, 33 AD3d 488). Plaintiffs remedy is a motion to set aside the stipulation ( Hopkins v Hopkins, 97 AD2d 457).

[Prior Case History: 2009 NY Slip Op 31490(U).]