55 Liberty Street Associates v. Garrick-Aug Associates Store Leasing, Inc.

—Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered June 23, 1997, awarding plaintiff $128,540.16 in damages for back rent upon the grant of plaintiffs motion for summary judgment, unanimously reversed, on the law, without costs or disbursements, the judgment vacated, the motion for summary judgment denied and the matter remanded to Justice Greenfield for further proceedings. Appeal from the order of the same court and Justice, entered June 3, 1998, insofar as it denied defendant’s motion to renew, unanimously dismissed, without costs or disbursements, as academic.

In…