608 N.Y.S.2d 663 | N.Y. App. Div. | 1994
—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about September 20, 1993, which granted renewal and reargument and, determining the prior motion de novo, denied defendant’s motion for summary judgment, denied defendant’s motion for an order striking plaintiffs’ note of issue, and granted in part and denied in part defendant’s motion for a protective order, unanimously modified, on the law, to the extent that plaintiffs are granted partial summary judgment as to liability on the first cause of action and the matter remanded for a trial on the issue of damages, and except as so modified, affirmed, without costs.
Plaintiff Grutman and defendant, having agreed to form a law partnership, signed a lease for certain office space. The partnership was not formed, and defendant moved out. Plaintiffs have brought this action for damages under the lease