Nassau Trust Co. v. Midland Manor Home for Adults

In an action, inter alia, to recover damages for breach of a lease agreement, defendants appeal from so much of an order of the Supreme Court, Nassau County, entered May 24, 1976, as denied their cross motion for summary judgment and struck their fourth affirmative defense as being without merit. Order modified by deleting therefrom the provisions dismissing the fourth affirmative defense. As so modified, order affirmed insofar as appealed from, without costs or disbursements. A question of fact is raised, inter alia, by defendant Jeno Berger’s affidavit in opposition to plaintiff’s motion…