Appellate Division of the Supreme Court of the State of New York June 21, 2001 (City of New York v. P.A. Building Co.)

—Order and judgment (one paper), Supreme Court, New York County (Diane Lebedeff, J.), entered June 1, 1999, which, inter alia, granted plaintiffs motion for summary judgment to the extent of dismissing defendant landlord’s counterclaims seeking to recover roof replacement costs from plaintiff and granted defendant’s motion for partial summary judgment to the extent of dismissing plaintiff City’s