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PREFERRED CAPITAL, INC. v. WARREN

8 A.D.3d 987 (2004)

778 N.Y.S.2d 803

PREFERRED CAPITAL, INC., Appellant, v. DEBRA A. WARREN, Individually and Doing Business as LAMPOST RESTAURANT, Respondent.

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

June 14, 2004.

It is hereby ordered that the amended order so appealed from be and the same hereby is unanimously modified on the law by granting that part of the motion with respect to the issue of liability and as modified the amended order is affirmed without costs.

Memorandum:

We conclude that Supreme Court erred in denying that part of plaintiff's motion for summary judgment with respect to the issue of liability but properly denied that

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