Fergang Holding Co. v. 165 Front Street Restaurant Corp.

motion for reargument is granted, the order of this court, entered January 2, 1986 (116 AD2d 455), which, in this declaratory judgment action, modified the order of the Supreme Court, New York County (Richard Wallach, J.), entered January 15, 1985, to the extent of declaring that the defendant-appellant’s exercise of the option to purchase the premises is sustained and effective, and otherwise affirmed, withdrawn, and, upon reargument, the order and judgment of the court is modified to deny the plaintiff-respondent’s cross motion for summary judgment, without costs.

The court at Special Term…