Glenball, Ltd. v. TLY Coney, LLC

In an action, inter alia, to permanently enjoin the defendant *416from terminating a lease and for a judgment declaring that the plaintiff is not in default under the lease, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Kramer, J.), dated May 13, 2007, as granted that branch of the defendant’s cross motion which was to dismiss the complaint, in effect, pursuant to CPLR 3211 (a) (1) and (7).

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs first cause of action alleged that its lease with the…