County of Nassau v. Grand Baldwin Associates, L.P.

In an action for a judgment declaring that a certain lease is invalid and unenforceable, the defendant appeals from an order of the Supreme Court, Nassau County (DeStefano, J.), dated July 1, 2013, which denied its motion for summary judgment, in effect, declaring that the lease is valid and enforceable and on the issue of liability on its counterclaims, and granted the plaintiffs cross motion for summary judgment declaring that the lease is invalid and unenforceable and dismissing the counterclaims.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme…