Commercial Lease Funding Corp. v. Lenny's Little New Yorker, Inc.

—Judgment unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: We agree with Supreme Court’s conclusions that defendants were in default in their payments pursuant to a commercial lease, that plaintiff’s late acceptance of lease payments in the past did not operate as a waiver of remedies available to plaintiff under the lease (see, Jefpaul Garage Corp. v Presbyterian Hosp., 61 NY2d 442, 446), and that the disclaimer of warranty provision is conspicuous (see, UCC 2-316; cf., Nassau Suffolk White…