TSS-Seedman's, Inc. v. Nicholas

Weinstein and Balletta, JJ.,

concur in part and dissent in part and vote to modify the order and judgment, on the law, *225by deleting all decretal paragraphs thereof except the last decretal paragraph, and substituting therefor a provision denying the defendant’s motion for summary judgment, and as so modified, to affirm the order and judgment, with the following memorandum: Contrary to the defendant’s assertions, the plaintiff was in substantial compliance with the lease on July 31, 1986. While paragraph second of the lease required the plaintiff to comply with regulations made by governmental…