Appellate Division of the Supreme Court of the State of New York March 1, 1985 (Bomrad v. Van Curler Trucking Corp.)

— Order and judgment unanimously modified, on the law, and, as modified, affirmed, with costs to plaintiff, in accordance with the following memorandum: Defendant Van Curler Trucking Corporation appeals from an order granting plaintiff’s motion for summary judgment in his first cause of action seeking unpaid rent and denying its motion for summary judgment in its breach of contract counterclaims.