New York Supreme Court November 21, 2003 (Deer Cross Shopping LLC v. Stop & Shop Supermarket Co.)

OPINION OF THE COURT

Herman Cahn, J.

This is a declaratory judgment action seeking to void certain portions of a lease. Plaintiff Deer Cross Shopping LLC moves for partial summary judgment and a declaration that certain portions of the subject lease are void as a matter of law (CPLR 3212). For the reasons stated below, the motion is denied.