Kenney v. Eddygate Park Associates

Appeal from an order and judgment of the Supreme Court (Relihan, Jr., J), entered September 3, 2004 in Tompkins County, which, inter alia, granted defendants’ motion for summary judgment dismissing the complaint.

Plaintiff William S. Kenney (hereinafter plaintiff) leased space in a commercial building owned by defendant Eddygate Park Associates (hereinafter defendant) for the purpose of operating a barbecue restaurant. Numerous other businesses leased space in the building, including a Chinese restaurant. Pursuant to the lease between these parties, plaintiff had the exclusive right to sell…