This decision involved an alleged breach of a commercial lease. A landlord sought summary judgment against the defendant “Consulate General of the Republic of Senegal” (Consulate General) (defendant). The defendant moved for summary judgment dismissing the complaint. The court granted the landlord’s summary judgment on the issue of defendant’s liability for unpaid “fixed annual rent,” “additional rent” and holdover “use and occupancy” (U&O), together with late fees and interest.

The court denied the landlord’s motion with respect to the landlord’s claim for reasonable attorney fees and the balance of the landlord’s motion. The legal fee issue will “be determined at the time of trial or other disposition of this action….” The court denied the defendant’s motion for summary judgment.