Ramirez v. Smith

In an action, inter alia, to recover damages for breach of contract for failure to provide heat to certain leased commercial premises, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Gerard, J.), entered October 23, 1985, which, after a nonjury trial, inter alia, dismissed the complaint and ordered that the plaintiff be evicted from the premises. By order dated March 2, 1987, this court held the appeal in abeyance and directed the appellant to file a proper appendix pursuant to CPLR 5528 and 22 NYCRR 670.17. The appellant has complied.

Ordered that the judgment is…