than would otherwise have been due. Mr. Shore also avers that Landlord provided Tenant with a
courtesy discount of $4,153.26 for the period of July 1, 2016 to June 30, 2017, as reflected [*7]on the invoice dated July 1, 2016 (id. at ¶ 25 and
exhibit L). According to Mr. Shore, Tenant paid only $650.00 per month, or $346.11 less than
what was otherwise due. Mr. Shore attaches copies of the real estate tax bills purportedly from
the New York City Department of Finance for the aforementioned periods, as well as a ledger
showing that Tenant was billed on the first of the month for the real estate taxes and that Tenant
paid the total amount billed each month (Landlord's motions, exhibits K and L).
Mr. Shore asserts that Landlord decided to revoke the courtesy discounts given Tenant's
failure to indemnify Landlord in the ADA action, and that he sent a notice to Tenant on
December 18, 2017 revoking the courtesy discount and demanding that Tenant pay all unpaid
real estate taxes for the prior two years. Landlord asserts that it is entitled to unpaid taxes
pursuant to the nonwaiver clause set forth in paragraph 47 of the lease, titled "Adjustment of
Rent For Increases In Real Estate Taxes and Assessments." In support, Mr. Shore attaches a copy
of the second page of the letter purportedly sent to Tenant on December 18, 2017. The second
page states, in pertinent part, that "Tenant immediately pay the amount of $7,954.67 in unpaid
real estate taxes due under the lease" (Landlord's motion, exhibit Q), which is two cents less than
the amount Mr. Shore avers was unpaid. According to Mr. Shore, Tenant has refused to pay the
unpaid taxes demanded by Landlord.
In opposition and in support of its cross motion for summary judgment dismissing the third