Opinion
December 16, 1997
Appeal from the Supreme Court, New York County (Paula Omansky, J.).
The estoppel certificates executed by the tenant in connection with the landlord's applications for a loan do not "unmistakeably or unequivocally establish [the tenant's] intentional relinquishment of [a] known right" to seek reimbursement from the landlord of claimed overpayments arising out of the computation of additional rent under the lease ( Won's Cards v. Samsondale/Haverstraw Equities, 165 A.D.2d 157, 164). Nor may the certificates, executed in favor of the lender, be used to estop the tenant from asserting its rights as against the landlord ( see, Hammelburger v. Foursome Inn Corp., 54 N.Y.2d 580, 588). The IAS Court properly granted the landlord summary judgment on its counterclaim for base rent, and properly exercised its discretion in staying enforcement thereof pending determination of the tenant's sole remaining claim (CPLR 3212 [e][2]). We have considered the parties' other arguments for affirmative relief and find them to be without merit.
Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Tom, JJ.