Appellate Division of the Supreme Court of the State of New York October 11, 2005 (All 4 Sports & Fitness, Inc. v. Hamilton, Kane, Martin Enterprises, Inc.)

In an action, inter alia, for a judgment declaring that the plaintiff is not in default under the terms of a lease and to recover damages for the overpayment of certain charges due under *513the lease, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Pitts, J.