210 West 70 Owner LLC v. Cosmic Group, LLC

OPINION OF THE COURT

Order, entered January 28, 2011, modified by granting landlord’s motion for partial summary judgment as to liability on its claim for rent and additional rent and remanding the matter for a trial on damages; as modified, order affirmed, without costs.

Petitioner landlord demonstrated entitlement to partial summary judgment on the issue of tenant’s liability for the rent and additional rent sought in this commercial nonpayment proceeding. Tenant’s obligation to pay the consumer price index and real estate tax escalations sought by landlord pursuant to the terms of the…