Memorandum:
Plaintiff landlord commenced this action to recover damages arising from defendant tenant's anticipatory breach of a lease for medical office space. Supreme Court denied plaintiff's motion for partial summary judgment on liability on the ground that it could not determine as a matter of law "whether a lease agreement was created or the tenancy was month to month." That was error. "`[W]hile the existence of a contract is a[n issue] of fact, the [issue]...
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