Wize Eyes of Syosset, Inc. v. Turnpike Corp.

In an action to recover damages for breach of a commercial lease, the defendants appeal from an order of the Supreme Court, Nassau County (Galasso, J.), entered December 18, 2008, which denied their motion for summary judgment dismissing the complaint and on the issue of liability on the counterclaim, and granted the cross motion of the plaintiff and the additional defendant for summary judgment dismissing the counterclaim and on the issue of liability on the complaint.

Ordered that the order is reversed, on the law, with costs, the appellants’ motion for summary judgment dismissing the…