invoices for the last two years of the lease term, as Landlord alleges, or monthly bills showing the
amount of real estate taxes and rent due, as Tenant asserts. Landlord also complied with the
nonwaiver provision by sending the December 2017 notice seeking additional taxes. As Landlord
notes in its memorandum of law, under paragraph 47(h),[FN1]
Tenant must pay all of the unpaid real estate taxes that were due from two years before the
December 18, 2017 notice. Since real estate taxes were due by the first of the month, Tenant was
required to pay monthly real estate taxes from January 2016. Tenant does not dispute the tax bills
submitted by Landlord or the calculations set forth by Landlord in its memorandum of law.
Accordingly, Landlord is entitled to summary judgment on its third counterclaim in the amount
of $6,054.06.
4. Landlord is not Entitled to Summary Judgment on its Fifth Counterclaim or for
Leaveto Submit Further Evidence of Attorneys' Fees and Costs after February 7, 2019
Landlord's fifth counterclaim seeks a judgment declaring that it is entitled to indemnity from
Tenant under paragraph 9 of the assignment agreement with respect to costs and expenses,
including damages and attorneys' fees, incurred in this action. Landlord also seeks damages, to be
determined at trial.
Landlord is not entitled to declaratory relief since, as noted above, Civil Court cannot grant
such relief (see Civil Court Act §§ 208; 212-a). Further, given the triable issues
of fact set [*9]forth above, it is not entitled to an award of
attorneys' fees at this juncture. Landlord can renew its motion at trial, as well as its request to
submit further evidence of attorneys' fees and costs.
5. Landlord is Entitled to Summary Judgment Dismissing the First and Second Causesof
Action