2 North Broadway Food, Inc. v. Getty Square Realty

In an action, inter alia, to recover damages for breach of a commercial lease, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Murphy, J.), dated October 8, 2002, as granted that branch of the defendant’s motion which was for summary judgment dismissing the first cause of action alleging breach of the lease.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant landlord demonstrated in its motion for summary judgment that, as a matter of law, the plaintiff tenant defaulted in its performance…