Calkins Corporate Park v. Eye Physicians & Surgeons

Appeal from an order of the Supreme Court, Monroe County *1123(Matthew A. Rosenbaum, J.), entered June 7, 2007 in a breach of contract action. The order denied the motion of plaintiff for partial summary judgment on liability.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is granted.

Memorandum: Plaintiff landlord commenced this action to recover damages arising from defendant tenant’s anticipatory breach of a lease for medical office space. Supreme Court denied plaintiffs motion for partial summary judgment on liability on the…