Leeirv Corp. v. S & E Realty Co.

In an action to recover damages for breach of contract, the defendant appeals from so much of an order of the Supreme Court, Nassau County (McCabe, J.), dated February 5, 1990, as denied that branch of its motion which was to dismiss the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to dismiss the complaint is granted, and the complaint is dismissed.

The record reveals that after the plaintiff tenant failed to make two consecutive monthly rental payments, the defendant landlord commenced a dispossession…