Skyway Container Corp. v. Castagna

In an action by a sublessee to declare rights under its sublease and the primary lease, plaintiff appeals from an order of the Supreme Court, Nassau County, dated September 21, 1965, which dismissed the complaint and granted summary judgment to defendant Columbia Corrugated Container Corp., the lessee, upon a counterclaim. Order modified (1) by deleting its first decretal paragraph (dismissing the complaint) and (2) by substituting therefor a provision (a) denying the motion to dismiss the complaint, (h) directing that plaintiff is entitled to a declaration of its rights under the lease and…