Appellate Division of the Supreme Court of the State of New York May 29, 2014 (Provident Bay Road, LLC v. NYSARC, Inc.)

Garry, J.

Cross appeals from an order of the Supreme Court (Muller, J.), entered January 4, 2013 in Warren County, which partially granted plaintiffs motion for, among other things, summary judgment.

In October 2003, defendant, a not-for-profit corporation, entered into a 10-year commercial lease with Provident Development Corporation (hereinafter PDC).