Tsoulis v. Abbott Bros. II Steak Out, Inc.

Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered February 15, 2012. The order, among other things, denied the motion of defendant for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action for, inter alia, specific performance of an option to purchase real property contained in the parties’ lease agreement. In a prior appeal, this Court modified the order of Supreme Court by granting plaintiffs cross motion for specific…