Appellate Division of the Supreme Court of the State of New York May 30, 2012 (Chestnut Realty Corp. v. Kaminski)

In an action to recover damages for breach of a lease, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Marber, J.), dated March 17, 2011, as denied its cross motion, inter alia, for summary judgment on the complaint and, in effect, pursuant to CPLR 3211 (b) to dismiss the affirmative defenses.