Sarbro: VII v. City of Binghamton

—Peters, J.

Appeal from an order of the Supreme Court (Mon-serrate, J.), entered August 3, 1999 in Broome County, which, inter alia, granted defendant’s motion to dismiss the compliant for, inter alia, failure to state a cause of action.

Plaintiff and defendant entered into a lease agreement in April 1985 regarding a hotel and conference center (hereinafter the hotel) which was to be constructed on defendant’s land in *639Broome County. The term of the lease was for 10 years, commencing upon completion of construction or no later than 24 months after commencement of construction. Financing was to…