3. Tenant is Entitled to Summary Judgment Dismissing the Second
Counterclaim
Summary judgment dismissing the second counterclaim is granted, as the Civil Court does
not have subject matter jurisdiction to hear this claim for declaratory relief (see Civil
Court Act §§ 208; 212-a).
4. Tenant is not Entitled to Summary Judgment Dismissing the Third
Counterclaim
Tenant is not entitled to summary judgment dismissing the third counterclaim pertaining to
unpaid real estate taxes, given the court's finding that Landlord has established summary
judgment on this claim.
5. Tenant is Entitled to Summary Judgment Dismissing the Fourth Counterclaim
The fourth counterclaim alleges, among other things, that Tenant breached the lease by
failing to remove all improvements, fixtures and custom fits prior to vacating the premises, and
that Landlord incurred damages to remove the improvements, fixtures and custom fits in an
amount to be proven at trial, but no less than $2,500.
Tenant's president avers in her affidavit that she left the premises the day before the lease
expired and that the premises were left in clean, good condition, without damage. She further
asserts that on June 14, 2017, Mr. Shore, Landlord's managing member, sent her an email asking
Tenant what she is "planning to remove from the store, and what if anything [she] [is] planning
to leave in the store" (Tenant's cross motion, Tong affidavit at ¶ 15). In response, she stated
that [*14]everything would be removed from the store, "except
perhaps for for [sic] the wall panels and cabinets. In a week or so I will have a better idea as to
what I plan on doing with those. I'll let you know ASAP. If you want me to remove everything I
can, just let me know" (id.). Mr. Shore replied, "What ever [sic] you would like to do is