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380 YORKTOWN FOOD CORPORATION v. GREAT ATLANTIC & PACIFIC TEA COMPANY, INC.

30 A.D.3d 403 (2006)

817 N.Y.S.2d 88

380 YORKTOWN FOOD CORPORATION, Appellant-Respondent, v. GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Respondent-Appellant.

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

June 6, 2006.

Ordered that the first order is modified, on the law, by deleting the provision thereof which, in effect, granted that branch of the plaintiff's motion which was for summary judgment dismissing so much of the counterclaim as seeks percentage rent payments, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from; and it is further,

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