NISKAYUNA SQUARE L. L. C. v. ALBANK, FSB


262 A.D.2d 968 (1999)

692 N.Y.S.2d 538

NISKAYUNA SQUARE L. L. C., as Successor in Interest to 81 & 3 OF WATERTOWN, INC., Respondent, v. ALBANK, FSB, Appellant.

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

Decided June 18, 1999.


Order unanimously reversed on the law without costs, motion denied, summary judgment granted to defendant and complaint dismissed.

Memorandum:

Supreme Court erred in granting plaintiff landlord's motion seeking partial summary judgment on liability and to strike defendant tenant's second and third affirmative defenses in this action for breach of contract. Although we agree with the court that the terms of the parties' lease agreement are not ambiguous, we...

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