subject matter jurisdiction to hear this claim for declaratory relief (see Civil Court Act
§§ 208; 212-a; see Lex 33 Assoc. v Grasso, 283 AD2d 272 [1st Dept 2001];
Green v Glenbriar Co., 131 AD2d 363, 364 [1st Dept 1987]).
3. Landlord is Entitled to Summary Judgment on its Third Counterclaim
The third counterclaim alleges, among other things, that Tenant failed to pay real estate taxes
due under the terms of the lease and that such failure constitutes a breach under the lease
(see Landlord's motion, exhibit B at ¶¶ 134-135). The counterclaim further
alleges that Landlord is entitled to damages "to be proven at trial, but no less than $6,370.79,
which is the difference between the full amount of real estate taxes owed by [Tenant] during the
two-year period prior to December 18, 2017 [the date Landlord allegedly sent a letter to Tenant
demanding payment of the unpaid taxes], and the amount of real estate taxes actually paid by
[Tenant] during that period" (id. at ¶ 136). In its motion papers, Landlord seeks only
$6,054.06 plus prejudgment interest from the date of the December 18, 2017 demand (see
Landlord's memorandum at 26). The court finds that Landlord is entitled to summary judgment
only as to liability on this counterclaim.
Paragraph 9 of the Third Amendment to the Lease, which modifies paragraph 47 of the rider
to the lease, provides, among other things, that "[c]ommencing on July 1, 2012 and for the
remainder of the term of this Lease, Tenant shall pay, as additional rent, eleven (11%) of any and
all real estate taxes covering the land and building of which the Demised Premises forms a part"
(see Landlord's motion, exhibit J at ¶ 9[a]).Paragraph 47(f) of the rider, which was