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IRVELL LEASING, INC. v. 31 EAST 12TH STREET OWNERS CORP.

293 A.D.2d 354 (2002)

740 N.Y.S.2d 208

IRVELL LEASING, INC., Respondent, v. 31 EAST 12TH STREET OWNERS CORP., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 18, 2002.

Upon the parties' respective motions for summary judgment, defendant lessor's counterclaim for additional rent was properly dismissed upon a record demonstrating that plaintiff lessee paid the additional rent sought for real estate taxes, and that no additional rent is due for other expenses never previously billed. As defendant recognizes, dismissal of its counterclaim for additional rent necessarily involves dismissal of its counterclaim for attorneys...

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