Ordered that the order is modified, on the law, by deleting the provisions thereof granting the plaintiff's motion for summary judgment and directing that the matter be placed on the trial calendar for a trial on the issue of damages, and substituting therefor a provision denying the plaintiff's motion; as so modified, the order is affirmed, without costs or disbursements.
In January 2001 the plaintiff, as landlord, and the defendant, as tenant, entered into a "Ground...
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