665-75 Eleventh Avenue Realty Corp. v. Schlanger

—Order, Supreme Court, New York County (Emily Goodman, J.), entered September 30, 1998, which insofar as appealed from, denied plaintiffs motion for summary judgment, unanimously modified, on the law, and upon a search of the record, summary judgment granted in favor of defendant dismissing the complaint, and as so modified, affirmed, without costs. The Clerk is directed to enter judgment in favor of defendant-respondent dismissing the complaint.

The facts are undisputed. On or about October 13, 1987, Factice, Inc., a closely-held family-owned company, entered into a written lease with…