Sorbaro Co. v. Capital Video Corp.

—In an action, inter alia, to rescind a lease, the defendant appeals from so much of a judgment of the Supreme Court, Dutchess County (Beisner, J.), entered August 9, 1996, which, after a nonjury trial, rescinded the lease and dismissed the defendant’s second through sixth counterclaims.

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

The plaintiff-landlord commenced this action to rescind a commercial lease with the defendant-tenant after discovering that the defendant intended to use the demised premises primarily to sell videotapes, magazines, and related…