Vanlex Stores, Inc. v. BFP 300 Madison II LLC

Judgment, Supreme Court, New York County (Walter B. Tolub, J.), entered October 7, 2008, in an action alleging, inter alia, breach of a lease, dismissing the amended complaint pursuant to an order, same court and Justice, entered October 6, 2008, which granted defendants’ motion for summary judgment and denied plaintiff’s cross motion for summary judgment on its fourth cause of action, unanimously affirmed, with costs. Appeal from the aforesaid order unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The motion court properly determined that defendants were *581permi…