PATCHOGUE ASSOC. v. SEARS, ROEBUCK AND CO.

2011-09192, (Index No. 859/11).

108 A.D.3d 659 (2013)

969 N.Y.S.2d 523

2013 NY Slip Op 5305

PATCHOGUE ASSOCIATES, Appellant, v. SEARS, ROEBUCK AND CO., Respondent.

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

Decided July 17, 2013.


In an action to recover damages for breach of a commercial lease and for a judgment declaring, inter alia, that the defendant breached the lease, the plaintiff appeals from an order of the Supreme Court, Nassau County (Winslow, J.), entered September 1, 2011, which granted the defendant's motion for summary judgment dismissing the first cause of action to the extent that it seeks posttermination damages under the subject lease, and declaring that the defendant had no liability...

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