Sunrise Associates v. Pilot Realty Co.

Order, Supreme Court, New York County (William J. Davis, J.), entered September 25, 1989, which, inter alia, granted defendant’s motion to dismiss the amended complaint and for summary judgment on its first counterclaim, unanimously modified, on the law, to the extent of denying those parts of defendant’s motion and reinstating the complaint, and otherwise affirmed, without costs. Appeal from the order *215of the same court entered September 7, 1989, which granted plaintiffs motion for reargument but, upon reargument, adhered to its decision of June 16, 1989, is dismissed as super-ceded by the…