After re-entry, the landlord might either “ terminate this lease or term ” or “ relet said premises at any time as the agent of the tenant or otherwise.” The unexpired term of the lease was some seven years when the landlord took possession. We might require an election either to terminate or relet within a reasonable time (Lenco, Inc., v. Hirschfeld, supra, p. 50) if it were not for the fact that the landlord reserved the right to relet the premises “ at any time ” during the term of the lease. We must give due force to every word of the covenant, if possible. (Matter of Buechner, 226 N. Y. 440.) .By the agreement of the parties, the landlord may keep the lease alive for its entire term for the purpose of reletting. Until it appears that he has, by some affirmative act, terminated the lease, his right to relet survives until August 31, 1930. It does not appear that the lease has come to an end. “ Nothing in the record justifies the conclusion that the option to relet was extinguished or abandoned.” (Lenco, Inc., v. Hirschfeld, supra, p. 50.) The action is prematurely brought.
The judgment of the Appellate Division and that of the Trial Term should be reversed and the complaint dismissed, with costs in all courts.
Cardozo, Ch. J., Andrews and O’Brien, JJ., concur; Lehman and Kellogg, JJ., dissent on the ground that the landlord elected to terminate the lease before he relet; Crane, J., not sitting.
Judgments reversed, etc.