833 Northern Corp. v. Tashlik & Associates, P. C.

—In an action, inter alia, to recover additional rent under a lease, the plaintiff appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated October 24, 1997, which denied its motion for summary judgment on its first cause of action for additional rent and to dismiss the defendant’s counterclaims pursuant to CPLR 3211 (a) (7).

Ordered that the order is modified by (1) deleting the provision thereof denying that branch of the plaintiff’s motion which was for summary judgment on its first cause of action for additional rent, and substituting therefor a provision granting the…