City of New York v. Clarose Cinema Corp.

—Order, Supreme Court, New York County (Salvador Collazo, J.), entered September 14, 1994, denying the plaintiff City’s motion for summary judgment and to dismiss defendant’s affirmative defenses in an action under a guaranty agreement, unanimously modified, on the law, to the extent of granting the City’s motion for partial summary judgment on the issue of liability and the matter remanded for an assessment of damages and otherwise affirmed, without costs.

In August 1985 the City, having received an $800,000 grant from the United States Department of Housing and Urban Development, agreed to…