Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion, in effect, for summary judgment on the issue of liability and dismissing the counterclaim to recover damages for actual or constructive eviction is granted.
The plaintiff owns a shopping center in Woodbury. In August 1995, the plaintiff entered into a 20-year lease with Sutton Woodbury, Inc. (hereinafter Sutton Woodbury), whereby the plaintiff leased a portion of the shopping center...
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