Nedick's Stores, Inc. v. T.S.N.Y. Realty Corp.

Order of the Supreme Court, New York County (Shirley Fingerhood, J.), entered on April 6, 1989, insofar as it granted the plaintiff partial summary judgment dismissing the defendant’s first two counterclaims, is unanimously affirmed, with costs and disbursements.

The defendant leased to the plaintiff commercial real estate in Manhattan, which is used for a Carvel ice cream store pursuant to a sublease between plaintiff and a Carvel franchisee. The plaintiff’s original sublessee has sold her business. The two purchasers entered into an agreement entitled "Assignment of Lease and Assumption…