Westhampton Cabins & Cabanas Owners Corp. v. Westhampton Bath & Tennis Club Owners Corp.

In an action, inter alia, for a judgment declaring an amendment to a certain ground lease null and void, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Floyd, J.), dated July 16, 2001, as, upon renewal, denied its cross motion for summary judgment dismissing the complaint.

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

The Supreme Court, upon renewal, properly denied the *479defendant’s cross motion for summary judgment dismissing the complaint in light of the disputed issues of fact with regard to the July 2, 1996, amendment to the…