OPINION OF THE COURT
LEONARD B. AUSTIN, J.
The parties hereto move pursuant to CPLR 3212 seeking summary judgment in this declaratory judgment action. In its complaint, plaintiff seeks a declaration (1) that the lease dated June 2, 1987, between plaintiff, Middle Village Associates (Middle Village), as landlord, and defendant, Pergament Home Centers, Inc. (Pergament), as tenant, is a sublease and not a pro tanto assignment; (2) that Pergament may...
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