Fair Oak, LLC v. Greenpoint Financial Corp.

In an action, inter alia, to recover damages for breach of a commercial lease, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Austin, J.), entered September 22, 2004, as denied its motion for summary judgment and granted the defendant’s cross motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, with costs.

In November 1995 the defendant, as tenant, entered into a commercial lease with the plaintiff’s predecessor-in-interest, Triad IV Associates (hereinafter Triad), as landlord. The lease…