Cross-Path Realty Co. v. Waldbaum, Inc.

Order, Supreme Court, New York County (Kirschenbaum, J.), entered March 20, 1981, denying the plaintiff’s motion for summary judgment, unanimously modified, on the law, without costs, to grant partial summary judgment to the plaintiff in the amount of $49,507.23, and the matter remanded for a hearing on reasonable attorneys’ fees under the second cause of action. The defendant tenant is the successor assignee on a lease of supermarket space in Queens. *531Under the original lease, there was a minimum annual rental of $45,000 with a provision for a supplemental 1% of the gross annual sales…