Appellate Division of the Supreme Court of the State of New York February 6, 1997 (Sarbro: VII v. City of Binghamton)

Peters, J.

Appeal from an order of the Supreme Court (Mon-serrate, J.), entered October 11,1995 in Broome County, which, inter alia, granted plaintiffs cross motion for partial summary judgment.

Plaintiff and defendant entered into a 10-year lease agreement on April 30,1985 regarding a hotel and conference center (hereinafter the hotel) which was to be constructed on the defendant’s land.