Cappelli Enterprises, Inc. v. F&J Continental Food Corp.

In an action, inter alia, for specific performance of an option agreement contained in a lease, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Dillon, J.), dated October 1, 2003, as denied its motion for summary judgment on its first cause of action seeking specific performance of the option agreement and on its second cause of action for a judgment declaring that the defendant F&J Continental Food Corp. forfeited its right to any additional consideration pursuant to the terms of the option agreement.

Ordered that the order is…