Appellate Division of the Supreme Court of the State of New York May 27, 2008 (Miller Realty Associates v. Amendola)

*988In an action, inter alia, to recover damages for breach of a lease (action No. 1), and a separate action, inter alia, to recover damages for violation of the Navigation Law (action No. 2), Miller Realty Associates, the plaintiff in both actions, appeals, as limited by its brief, from (1) so much of an order of the Supreme Court, Nassau County (Woodard, J.