counterclaim, Kee Tong, Tenant's founder and President, avers in her affidavit that "[d]uring the
last two years of the Lease, Landlord sent [her] monthly invoices" setting forth the rent and
additional rent owed that month (Tenant's cross motion, Tong affidavit at ¶ 11). According
to Kee Tong, "[t]he additional rent was calculated as a portion of the real estate taxes owed by
Landlord" and Tenant "paid all rent and additional rent in full" (id.). Tenant attaches, as
exhibit 6, "examples of monthly invoices that Landlord sent during the last two years of the
Lease" (id.). Those invoices do not reflect any courtesy discount. However, they show
that Tenant was billed the same monthly real estate taxes as set forth on the invoices submitted
by Landlord. Kee Tong asserts that "[a]t no time was there ever an agreement concerning a
'courtesy discount'" (id. at ¶ 12). She avers that she "never discussed a courtesy
discount with Landlord or with Marc Shore" (id.), and that "while [Tenant] was leasing
the [premises]," she "never saw th[e] invoices" Landlord submitted with its motion (id. at
¶ 13). However, she does not deny that she received the December 18, 2017 letter from
Landlord demanding that she pay unpaid taxes in the amount of $7,954.67.
The court finds that Landlord has established its entitlement to judgment as a matter of law.
First, regardless of whether Tenant ever received the invoices submitted by Landlord, Tenant
acknowledges that Landlord sent Tenant monthly bills, and those bills set forth monthly real
estate tax charges in the same amount charged on Landlord's invoices. Whether Tenant was
aware of the courtesy discount is irrelevant, given the nonwaiver provision set forth in paragraph