Kudlack v. Landmark Realty Co.

Kane, J. P.

Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered January 11, 1985 in Albany County, which, inter alia, denied defendants’ motions for summary judgment dismissing the complaint and granted partial summary judgment to plaintiffs by declaring paragraph 22 of the lease entered into by the parties to be invalid.

On December 1, 1977, plaintiffs executed a lease with defendant Landmark Realty Company’s predecessor in interest (hereinafter landlord) for a five-year rental of the premises located at 290 Ontario Street in the City of Albany. Plaintiffs entered…