are dismissed, because the Civil Court does not have jurisdiction to render the requested relief.
Defendant is entitled to summary judgment only as to liability on its third counterclaim regarding
plaintiff's failure to pay real estate taxes. Defendant's fourth counterclaim is dismissed, because
there is no evidence that Landlord gave notice to Tenant to remove any fixture, improvement or
custom fit prior to vacating the premises, as required under the lease. Lastly, defendant's request
for attorneys' and costs incurred in this action and to submit further evidence of attorneys' fees
and costs is denied at this juncture.
The MP1 Clerk is directed to notify the parties of the trial date.
The
foregoing constitutes the decision and order of this Court.
DATED: September 26, 2019
____________________________
HON. ELENA BARON
JUDGE, CIVIL COURT
Footnotes
Footnote 1:Tenant does not dispute that this
provision survives termination or expiration of the lease.