Towne Partners, LLC v. RJZM, LLC

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered April 27, 2010, which granted plaintiffs motion for summary judgment and denied defendant’s motions for summary judgment and for leave to amend its answer, unanimously modified, on the facts and the law, to grant defendant’s motion for summary judgment in part on the issue of use and occupancy, and for leave to amend its answer to include the proposed counterclaim, and otherwise affirmed, without costs.

*490The parties’ lease and subsequent settlement agreement require defendant to make “use and occupancy” payments of 150% of…