Miter Realty Corp. v. AT&T Communications, Inc.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: This is a dispute over the interpretation of the restoration and removal provi*863sions of a lease between plaintiff landlord and defendant tenant. Plaintiff seeks damages of $860,000 for defendant’s alleged breach of those provisions, as set forth in the October 26, 1989 lease agreement and/or in November 1989 letters allegedly modifying the lease. Plaintiff appeals from an order insofar as it denied its motion under CPLR 3211 to dismiss six affirmative defenses and under…