F. DANA WINSLOW, J.S.C.
Motion pursuant to CPLR 3212 by the defendant Sears, Roebuck and Co., for partial summary judgment (1) dismissing the first cause of action to the extent that it seeks damages in an amount equal to post-termination rent under the parties' lease; and (2) for a declaration with respect to the second, declaratory judgment/breach of contract cause of action, that there is no liability as a matter of law predicated upon breach of contract.
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