Fucile v. L.C.R. Development, Ltd.

In an action, inter alia, for a judgment declaring that the plaintiffs are in compliance with the terms of a lease with respect to the payment of rent, the defendant appeals, as limited by its brief, (1) from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), dated August 11, 2011, as denied those branches of its motion which were pursuant to CPLR 3211 (a) (5) to dismiss so much of the first cause of action as sought a judgment declaring that paragraph 3.01 (c) of the subject lease, providing the formula for determining basic rental adjustments, is ambiguous, and that the…