Sunoce Properties, Inc. v. Bally Total Fitness of Greater New York, Inc.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Bucaria, J.), entered October 16, 2014, which granted the defendant’s motion for summary judgment dismissing the cause of action alleging breach of contract.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the cause of action alleging breach of contract is denied.

In 1975, the plaintiff, as landlord, and the defendant, as tenant, entered into a commercial lease for premises located in…