Rubin v. Leshner

*474Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered January 12, 2006, which denied plaintiff prime tenant’s motion for partial summary judgment against defendant subtenant as to the first, fourth, fifth, sixth and seventh causes of action, unanimously reversed, on the law, without costs, the motion granted on the issue of liability, and the matter remanded for trial on damages as to these causes of action.

Summary judgment as to the first cause of action, alleging that defendant breached the governing sublease by abandoning the subleased premises, should have been granted. Neither the…