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SALISBURY SALES CORP. v. MG PATCHOGUE LIMITED PARTNERSHIP

282 A.D.2d 595 (2001)

722 N.Y.S.2d 916

SALISBURY SALES CORP., Respondent, v. MG PATCHOGUE LIMITED PARTNERSHIP, Appellant.

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

Decided April 16, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied summary judgment as material issues of fact exist as to which party, if either, terminated the lease involved in this case (see, Rachmani Corp. v 9 E. 96th St. Apt. Corp., 211 A.D.2d 262).

The defendant's remaining contentions do not require...

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