45-02 Food Corp. v. 45-02 43rd Realty LLC

In an action, inter alia, for a judgment declaring the rights of the parties under a lease, the defendant appeals from so much of an order of the Supreme Court, Queens County, (Rosengarten, J.), dated August 9, 2005, as granted that branch of the plaintiffs motion which was for summary judgment declaring that the plaintiff is entitled to offset, against its additional rent obligation, real estate taxes paid by its subtenant, and denied that branch of the defendant’s cross motion which was for summary judgment declaring that the plaintiff is not entitled to offset, against its additional rent…