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RAINBOW HILL HOMEOWNERS ASSOCIATION, INC. v. GIGANTE, INC.

32 A.D.3d 533 (2006)

821 N.Y.S.2d 223

RAINBOW HILL HOMEOWNERS ASSOCIATION, INC., Respondent, v. GIGANTE, INC., Appellant. (Matter No. 1.) In the Matter of RAINBOW HILL HOMEOWNERS ASSOCIATION, INC., Respondent, v. GIGANTE, INC., Appellant. (Matter No. 2.)

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

August 29, 2006.

Ordered that the order is modified, on the law, by deleting the provision thereof determining that the subject lease terminated on October 11, 2004 and substituting therefor a provision determining that the subject lease terminated on December 31, 2004; as so modified, the order is affirmed insofar as appealed from, with costs to Rainbow Hill Homeowners Association, Inc.

While the Supreme Court has the power to award summary judgment to a nonmoving party, predicated...

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