Tops Markets, Inc. v. Congel

—Appeal from an order of Supreme Court, Erie County (Mahoney, J.), entered June 20, 2001, which, inter alia, granted plaintiffs motion for summary judgment in part.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Plaintiff commenced this action to recover sums allegedly due under an agreement referred to by the parties as the “shortfall agreement.” Supreme Court properly granted plaintiffs motion for summary judgment in part and denied defendants’ cross motion for summary judgment *1010dismissing the second amended…