Itel Data Processing Corp. v. Dominick International Corp.

In an action on a commercial lease, the defendant tenant appeals from so much of an order of the Supreme Court, Westchester County, dated June 11, 1976, as (1) denied its motion to dismiss plaintiff-respondent’s second cause of action and (2) granted the branches of plaintiff’s cross motion which sought (a) dismissal of defendant’s third affirmative defense and third, fourth and fifth counterclaims and (b) leave to serve a supplemental complaint. Order modified, on the law, by deleting the first decretal paragraph thereof and substituting therefor a provision granting defendant’s motion to…