Pezzo v. 26 Seventh Avenue South, LLC

In an action, inter alia, to recover damages for breach of a lease, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Partnow, J.), dated August 13, 2014, as denied those branches of his motion which were for summary judgment on the first, second, and third causes of action and to dismiss the counterclaims of the defendant 26 Seventh Avenue South, LLC.

Ordered that the order is modified, on the law and the facts, (1) by deleting the provision thereof denying that branch of the plaintiff’s motion which was for summary judgment on the…