Bais Yaakov of Brooklyn v. Temple Emanu-el of Boro Park

—In an action, inter alia, to recover damages for breach of a lease, the defendant appeals from an order of the Supreme Court, Kings County (Hurowitz, J.), dated December 13, 1991, which granted the plaintiffs motion for partial summary judgment dismissing the second counterclaim set forth in the defendant’s answer.

Ordered that the order is affirmed, with costs.

In 1981, the parties entered into an agreement whereby the defendant agreed to sell a school building to the plaintiff, to lease portions of an adjoining Temple building to the plaintiff, and to grant the plaintiff an option to…