Appellate Division of the Supreme Court of the State of New York July 2, 2009 (Teri-Nichols Institutional Food Merchants, LLC v. Elk Horn Holding Corp.)

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered June 9, 2008, which denied defendant landlord’s motion for summary judgment dismissing the complaint and on its counterclaims, and denied plaintiffs cross motion for summary judgment dismissing the counterclaims, unanimously modified, on the law, defendant’s motion for summary judgment granted to the extent of dismissing the