It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the first, fourth and sixth decretal paragraphs, denying the cross motion and reinstating the counterclaims and as modified the judgment is affirmed without costs.
Memorandum:
Plaintiff commenced this action seeking a declaration that a proposed lease agreement with The Cheesecake Factory, a restaurant that is not a party to this action...
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