Fergang Holding Co. v. 165 Front Street Restaurant Corp.

— Appeal from order and judgment, Supreme Court, New York County (Wallach, J.), entered July 5, 1984, which, in this *456declaratory judgment action, inter alia, granted plaintiff landlord’s cross motion for summary judgment, and held that the defendant tenant’s exercise of its option to purchase the premises was ineffective and expired, is dismissed as subsumed into a subsequent order of the same court and Justice, entered January 15, 1985, which, upon granting plaintiff’s motion and defendant’s cross motion for reargument, inter alia, adhered, to the prior order and judgment, is unanimously…