Waterside Plaza, LLC v. Smith

Judgment, Supreme Court, New York County (Leland De-Grasse, J.), entered on or about September 10, 2003, which, pursuant to an order, same court and Justice, entered on or about June 18, 2003, granting defendants’ motion for summary judgment, declared that plaintiff waived its right to maintain this action seeking, inter alia, rescission of a lease and recovery of the leased premises, by entering into a one-year renewal *232lease with defendant Mary Smith during the pendency of this action, and, upon that determination, dismissed the complaint without prejudice, unanimously reversed, on the law,…