Erinn Barski v. Town of Aurelius

*1484Appeal from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered September 9, 2015. The order granted defendant’s motion to dismiss plaintiffs’ amended complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying defendant’s motion in part and reinstating the first cause of action and as modified the order is affirmed without costs.

Memorandum: The individual plaintiffs, the owners of plaintiff Barski’s Xtreme Lazer Tag, LLC, entered into a lease with the Finger Lakes Mall, located in defendant, Town of Aurelius.…