Mid-Island Shopping Plaza Co. v. Nathan's Famous of Hicksville, Inc.

— In an action to recover damages for breach of a commercial lease, (1) the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (DiPaola, J.), dated August 17, 1987, as granted, in part, the defendant’s motion for summary judgment declaring the defendant’s obligation to pay "percentage rent” pursuant to the terms of the lease and denied the plaintiff’s cross motion for summary judgment and (2) the additional counterclaim defendant separately appeals from so much of the same order as granted, in part, the defendant’s motion for summary judgment and denied its cross…