Ordered that the order and judgment is modified, on the law, by deleting the fifth decretal paragraph thereof declaring that if the defendant fails "in any given year to pay the base rent * * * on or before the 15th of January the defendant will be in breach of the lease"; as so modified, the order and judgment is affirmed, with costs to the plaintiff.
After the plaintiff made out a prima facie case for partial summary judgment, the defendant raised no triable issues...
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