Ganvey Merchandising Corp. v. Church Warren Realty Corp.

— Order, Supreme Court, New York County (Carol Huff, J.), entered June 8,1990, which denied defendant’s motion for dismissal of the complaint pursuant to CPLR 3211 (a) (7), or alternatively for summary judgment pursuant to CPLR 3212, and order of the same court, entered on March 1, 1991, which, inter alia, denied defendant’s motion for summary judgment, or alternatively for renewal of the prior motion for summary judgment pursuant to CPLR 2221, unanimously affirmed, with costs.

In denying the first motion for summary judgment, the IAS Court rejected defendant’s reliance on a lease clause that…