Ultra Flex Packaging Corp. v. I.J. Litwak & Co.

In an action, inter alia, to recover damages pursuant to a lease, the plaintiff appeals from so much of a judgment of the Supreme Court, Kings County (Ambrosio, J.), dated June 14, 2004, as, after a nonjury trial, in effect, determined that, under the lease between the parties, the defendant was obligated to repair the roof of the demised premises but not obligated to replace it, and the defendant cross-appeals, as limited by its brief, from so much of the same judgment as, in effect, dismissed its counterclaim to recover damages based upon the plaintiffs alleged breach of the subject lease.

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