BP 399 Park Avenue LLC v. Pret 399 Park, Inc.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered on or about August 1, 2016, which, insofar as appealed from, granted defendants’ motion for summary judgment dismissing the second, fourth, and sixth causes of action as against defendant Pret A Manger (USA), Limited (Pret Parent), and denied plaintiff’s cross motion for summary judgment on those causes of action and dismissing defendants’ affirmative defenses, unanimously modified, on the law, to deny defendants’ motion, and to grant plaintiff’s motion as to the first, third, fourth, and fifth affirmative defenses and so…