Livigne v. D'Agostino Supermarkets, Inc.

In an action to recover damages for breach of a commercial lease, the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), dated September 22, 1999, as granted that branch of the defendant’s motion which was for summary judgment dismissing the third cause of action to recover, inter alia, an award of an attorney’s fee under the lease and made conclusions of law on the issue of damages, and the defendant cross-appeals, as limited by its notice of appeal and brief, from so much of the same order as denied those branches of its motion which were for…