Snug Harbor Square Venture v. Never Home Laundry, Inc.

—In an ac*521tion for a judgment declaring the rights and liabilities of the parties under a commercial lease, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Seidell, J.), dated June 18, 1997, as denied its motion for partial summary judgment on the first cause of action asserted in the complaint.

Ordered that the order is reversed insofar as appealed from, with costs, and the motion is granted.

The parties entered into a 10-year commercial lease which provided for a fixed minimum annual rent and cost of living increases calculated pursuant to a formula. With…