Las Palmeras De Ossining Restaurant, Inc. v. Midway Center Corp.

In an action, inter alia, for a judgment declaring that the defendant breached its obligations pursuant to a lease between the parties by unreasonably delaying the repair and restoration of the subject premises subsequent to a fire, the defendant appeals from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered July 26, 2011, as granted the plaintiffs motion to vacate the dismissal of the action pursuant to CPLR 3216 and to restore the matter to the trial calendar.

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

To vacate the dismissal…