Excelsior 57th Corp. v. Excel Associates

Order and judgment (one paper), Supreme Court, New York County (George J. Silver, J.), entered November 4, 2013, which, to the extent appealed from as limited by the briefs, granted plaintiff landlord’s motion for summary judgment on its causes of action and declared that defendant tenant is responsible, at its sole cost and expense, for structural repairs to the parking garage at issue, and denied defendant’s cross motion for summary judgment dismissing the complaint, unanimously modified, on the law, to deny plaintiffs motion and vacate the declaration, and otherwise affirmed, without…