COLONIAL FUNDING CORP. v. BON JOUR INT'L, LTD.


148 A.D.2d 654 (1989)

Colonial Funding Corp., Respondent, v. Bon Jour International, Ltd., Appellant

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

March 27, 1989


Ordered that the judgment is reversed, on the law, without costs or disbursements, and a new trial is granted solely with respect to damages and counsel fees as alleged in the complaint; the findings of fact as to the defendant's liability on the plaintiff's causes of action and as to the affirmative defenses and the counterclaim are affirmed.

On March 16, 1981, the plaintiff, as lessor, and the defendant, as lessee, executed two leases. Each of the leases provided...

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