The court properly found that the writings revealed that defendants never agreed to a renewal lease (see, Cobble Hill Nursing Home v. Henry Warren Corp., 74 N.Y.2d 475, 482-483, cert denied 498 U.S. 816). Nor was there evidence that the signator of the letter of April 18, 1991, who negotiated the terms of the renewal lease, had the written authority to bind defendants to a multi-year lease (see, General Obligations Law § 5-703; Commission on Ecumenical Mission Relations v. Roger Gray, Ltd., 27 N.Y.2d 457). Most importantly, renovation and repair of the building to defendants' satisfaction, especially the HVAC system, was a condition precedent to the agreement to enter into the lease, which condition was never satisfied. Finally, no new tenancy was created by defendant's remaining in occupancy as a month-to-month tenant and payment of use and occupancy (see, Real Property Law § 232-c; Akivis v. Drucker, 177 A.D.2d 349, appeal dismissed and lv dismissed 80 N.Y.2d 786).
Concur — Ellerin, J.P., Kupferman, Asch, Nardelli and Williams, JJ.