Appellate Division of the Supreme Court of the State of New York March 20, 2007 (Rocar Realty Northeast, Inc. v. Jefferson Valley Mall Limited Partnership)

*745In an action, inter alia, for a judgment declaring that the plaintiff is entitled to remain in possession of the subject premises pending an agreement between the parties as to the amount to be paid to the plaintiff for its improvements to the premises and that the plaintiff is entitled to the actual cost of its improvements to the premises without regard to amortization or depreciation