TSS-SEEDMAN'S INC. v. ELOTA REALTY CO.


134 A.D.2d 492 (1987)

TSS-Seedman's Inc., Appellant, v. Elota Realty Company, Respondent. (Action No. 1.) TSS-Seedman's Inc., Appellant, v. Elota Realty Company, Respondent. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 23, 1987


Ordered that the appeal from the order entered January 27, 1987 is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order entered January 9, 1987 in action No. 1 is reversed, on the law, the motion is granted, and the cross motion is denied, and the defendant is hereby enjoined from taking any action to declare the plaintiff in breach of the parties' lease of the premises located at 1000 West Montauk Highway, Babylon...

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