Bombay Realty Corp. v. Magna Carta, Inc.

Mercure, J.P.

Appeals (1) from an order of the Supreme Court (Teresi, J.), entered January 17, 2001 in Albany County, which, inter alia, in a proceeding pursuant to RPAPL article 7, granted petitioner’s motion for summary judgment, and (2) from the judgment entered thereon.

Respondent Cellular 2000 and Beyond, LLC (hereinafter respondent) is a retail vendor of cellular telephone and pager equipment and service plans. Its commercial lease with petitioner requires it to pay added rent computed as a percentage of its “gross sales.”* The sole issue dividing the parties is whether added rent is to…