Trieste Group, LLC v. Ark Fifth Avenue Corp.

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered June 3, 2004, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion for summary judgment on its declaratory judgment and money damage causes of action, but dismissed defendant’s fifth, ninth, tenth and eleventh affirmative defenses and its third, fourth and fifth counterclaims, unanimously modified, on the law, summary judgment granted to plaintiff on its claim for a declaration regarding defendant’s failure to exercise its renewal option, the above-enumerated affirmative defenses and…