Pezzo v 26 Seventh Ave. S., LLC (2016 NY Slip Op 07310)
Pezzo v 26 Seventh Ave. S., LLC
2016 NY Slip Op 07310 [144 AD3d 778]
November 9, 2016
Appellate Division, Second Department
Published by New York State Law Reporting
Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4, 2017
[*1]
Henry Pezzo, Appellant,
v
26 Seventh Avenue
South, LLC, Respondent, et al., Defendants.
Tuttle Yick, LLP, New York, NY (Jeffrey T. Yick and Gregory Tuttle of counsel),
for appellant.
Rose & Rose, New York, NY (Todd Rose, Dean Dreiblatt, and Jeremy Polano
of counsel), for respondent.
In an action, inter alia, to recover damages for breach of a lease, the plaintiff appeals,
as limited by his brief, from so much of an order of the Supreme Court, Kings County
(Partnow, J.), dated August 13, 2014, as denied those branches of his motion which were
for summary judgment on the first, second, and third causes of action and to dismiss the
counterclaims of the defendant 26 Seventh Avenue South, LLC.
Ordered that the order is modified, on the law and the facts, (1) by deleting the
provision thereof denying that branch of the plaintiff's motion which was for summary
judgment on the third cause of action, and substituting therefor a provision granting that
branch of the motion, and (2) by deleting the provision thereof denying that branch of the
plaintiff's motion which was to dismiss the counterclaims of the defendant 26 Seventh
Avenue South, LLC, and substituting therefor a provision granting that branch of the
motion; as so modified, the order is affirmed insofar as appealed from, with costs to the
plaintiff.
In August 2012, the plaintiff (hereinafter the tenant) entered into a one-year lease