99 Realty Co. v. Wall Street Transcript Corp.

OPINION OF THE COURT

Louise Gruner Gans, J.

This matter began as a commercial nonpayment proceeding, but basically is now a plenary action, because respondent has vacated the premises. The dispute centers on petitioner’s calculation and billing of additional rent for porter’s wage and electricity charges. Throughout the proceeding, respondent has paid monthly use and occupancy by order of the court. The trial of the porter’s wage portion of petitioner’s claim has been completed. Both parties moved for summary judgment as to the electricity portion and respondent moved for leave to amend its…