Ackerman v. D'Agostino Supermarkets, Inc.

*673Order, Supreme Court, Bronx County (Dominic R. Massaro, J.), entered July 30, 2010, which, in an action seeking damages arising out of a warehouse fire, denied plaintiff owners’ motion for summary judgment on their first cause of action for breach of the parties’ lease against defendant tenant D’Agostino Supermarkets, Inc., unanimously affirmed, without costs.

In their first cause of action, plaintiffs alleged that D’Agostino breached the parties’ lease by failing to maintain the fire alarm and sprinkler systems, and that such failure resulted in damage to the subject premises. Contrary to the…