57 A.D.2d 1068 | N.Y. App. Div. | 1977
Order unanimously reversed, with costs and motion granted. Memorandum: This is an appeal from the denial of the motion of plaintiff, Genesee Scrap and Tin Baling Corporation, for summary judgment for rent and water charges. Special Term denied plaintiffs motion for summary judgment, finding the existence of a triable issue of fact. We cannot agree. Plaintiff is the landlord under a lease covering a portion of 4800 Dewey Avenue in Rochester. On September 1, 1972 plaintiff